U<: 


L***,  s itt****, 


AN  ACT 


To  provide  for  the  Incorporation  of 


Cities  and  Villages, 


ADOPTED  BY  THE  CITY  OF  CHICAGO, 


APRIL  23d,  1875. 


PRINTED  BY  ORDER  OF  THE  CITY  COUNCIL. 


/?/*r30  /W‘A.  5, 


35  Z.  O’]  13! 

HU 


.A.  3ST  ACT 


To  provide  for  the  Incorporation  of  Cities  and  Villages. 

[Approved  April  10,  1872.  In  force  July  1, 1872.  L.  1871-2, 
P.  278.] 

§  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented  in  the  General  Assembly,  as  follows  : 

ARTICLE  1. 

OF  THE  ORGANIZATION  OF  CITIES. 

1  How  city  may  adopt  this  act.]  §  1.  That  any  city 
now  existing  in  this  State  may  become  incorporated  under  this 
act  in  manner  following:  Whenever  one-eighth  of  the  legal 
voters  of  such  city,  voting  at  the  last  preceding  municipal  elec¬ 
tion  shall  petition  the  mayor  and  council  thereof  to  submit  the 
question  as  to  whether  such  city  shall  become  incorporated 
under  this  act,  to  a  vote  of  the  electors  in  such  city,  it  shall  be 
the  duty  of  such  mayor  and  council  to  submit  such  question 
accordingly,  and  to  appoint  a  time  and  place,  or  places,  at  which 
such  vote  may  be  taken,  and  to  designate  the  persons  who  shall 
act  as  judges  at  such  election ;  but  such  question  shall  not  be 
submitted  oftener  than  once  in  four  years.  [See  §  53,  55. 

2  Notice  of  election.]  §  2.  The  mayor  of  such  city 
shall  give  at  least  thirty  days’  notice  of  such  election,  by  publish¬ 
ing  a  notice  thereof  in  one  or  more  newspapers  within  such  city  ; 
but  if  no  newspaper  is  published  therein,  then  by  posting  at 
least  five  copies  of  such  notice  in  each  ward. 

3  The  ballot — result.]  §  3.  The  ballots  to  be  used  at 
such  election  shall  be  in  the  following  form  :  “For  city  organiza¬ 
tion  under  general  law or  “  Against  city  organization  under 
general  law.”  The  judges  of  such  election  shall  make  returns 
thereof  to  the  city  council,  whose  duty  it  shall  be  to  canvass 
such  returns  and  cause  the  result  of  such  canvass  to  be  entered 


684553 


4 


upon  the  records  of  such  city.  If  a  majority  of  the  votes  cast  at 
such  election  shall  be  for  city  organization  under  general  law, 
such  city  shall  thenceforth  be  deemed  to  be  organized  under  this 
act ;  and  the  city  officers  then  in  office  shall,  thereupon,  exercise 
the  powers  conferred  upon  like  officers  in  this  act,  until  their  suc¬ 
cessors  shall  be  elected  and  qualified. 

4  How  TOWNS  may  BECOME  CITIES.]  §  4.  Any  incorporat¬ 
ed  town  in  this  State,  having  a  population  of  not  less  than  1,000 
inhabitants,  may  become  incorporated  as  a  city  in  like  manner  as 
hereinbefore  provided ;  but  in  all  such  cases  the  president  and 
trustees  of  such  town  shall,  respectively,  perform  the  same  duties 
relative  to  such  a  change  of  organization  as  is  above  required  to 
be  performed  by  the  mayor  and  council  of  cities. 

5  Organizing  a  city. — petition. — election — result.] 
§  5.  Whenever  any  area  of  continguous  territory  in  this  State, 
not  exceeding  four  square  miles,  shall  have  resident  thereon  a 
population  of  not  less  than  1,000  inhabitants,  which  shall  not 
already  be  included  within  any  incorporated  town  or  city,  the 
same  may  become  incorporated  as  a  city  in  manner  following  : 
Any  fifty  legal  voters  thereof  may  file  in  the  office  of  the  clerk  of 
the  county  court,  of  the  county  in  which  such  inhabitants  reside, 
a  petition,  addressed  to  the  judge,  of  such  court ;  and  if  the  terri¬ 
tory  described  in  said  petition  shall  be  in  more  than  one  county, 
then  the  petition  shall  be  addressed  to  the  judge  of  the  court 
where  a  greater  part  of  such  territory  is  situated  ;  which  petition 
shall  define  the  boundaries  of  such  proposed  city,  and  state  the 
number  of  inhabitants  residing  within  such  limits,  and  also  state 
the  name  of  such  proposed  city,  and  shall  contain  a  prayer  that 
the  question  be  submitted  to  the  legal  voters  residing  within 
such  limits,  whether  they  will  organize  as  a  city  under  this  act. 
It  shall  be  the  duty  of  the  county  judge  to  fix  a  time  and  place 
within  the  boundaries  of  such  proposed  city,  at  which  an  election 
may  be  held  to  determine  such  question  ;  and  such  judge  shall 
name  the  persons  to  act  as  judges  in  holding  such  election,  and 
shall  give  notice  thereof  by  causing  ten  notices  to  be  posted  in 
public  places  within  such  proposed  city.  And  the  third  section 
of  this  article  shall  be  applicable  to  such  election  ;  Provided ’  that 
the  returns  of  such  election  shall  be  made  to  and  canvassed  by  the 
county  judge  and  any  two  justices  of  the  peace  whom  he  shall 
call  to  his  assistance,  instead  of  the  city  council ;  and  the  result 
of  such  election  shall  be  entered  upon  the  records  of  such  county 
court.  If  a  majority  of  the  votes  cast  at  such  election  shall  be. 
“  For  city  organization  under  general  law,”  the  inhabitants  of 


0 


such  territory,  described  in  such  petition,  shall  be  deemed  to  be 
incorporated  as  a  city,  under  this  act,  and  with  the  name  stated 
in  the  petition.  [See  §  175. 

6  Courts  to  take  judicial  notice  of  organization, 
ETC.]  §  fi.  All  courts  in  this  State  shall  take  judicial  notice  of 
the  existence  of  all  villages  and  cities  organized  under  this  act, 
and  of  the  change  of  the  organization  of  any  town  or  city  from 
its  original  organization  to  its  organization  under  this  act,  and 
from  the  time  of  such  organization,  or  change  of  organization,  the 
provisions  of  this  act  shall  be  applicable  to  such  cities  and  villages, 
and  all  laws  in  conflict  therewith  shall  no  longer  be  applicable. 
But  all  laws,  or  parts  of  laws,  not  inconsistent  with  the  provisions 
of  this  act,  shall  continue  in  force  and  be  applicable  to  any  such 
city  or  village,  the  same  as  if  such  change  of  organization  had 
not  taken  place. 

7  Election  of  officers.]  §  7.  It  shall  be  the  duty  of 
president  and  board  of  trustees  of  any  town  which  shall  have 
voted  to  change  its  organization  to  a  city,  under  this  act,  to  call 
and  give  notice  of  an  election  to  elect  city  officers,  and  to  desig¬ 
nate  the  time  and  place  or  places  of  holding  the  same.  Such 
notice  shall  be  published  in  a  newspaper,  if  there  be  one,  within 
the  town,  or  posted  in  ten  public  places,  for  at  least  twenty  days 
before  such  election.  Such  president  and  trustees  shall  appoint 
the  judges  and  clerks  to  hold  such  election,  canvass  the  returns 
thereof,  and  cause  the  result  to  be  entered  upon  the  records  of 
the  town  ;  and  the  provisions  of  this  act,  relative  to  the  election 
of  city  officers,  shall  be  applicable  thereto ;  but,  at  such  election, 
aldermen  may  be  elected  on  a  general  ticket. 

8  When  county  judge  to  give  notice  of  election, 
ETC.]  §  8.  In  case  of  cities  organizing  under  section  five  (5)  of 
this  article,  the  county  judge  shall  call  and  give  notice  of  the 
election,  and  perform  the  same  duties  relative  thereto  as  is  above 
required  to  be  performed  by  president  and  trustees  of  such  town, 
and  in  canvassing  such  returns  shall  call  to  his  assistance  two 
justices  of  the  peace.  [See  §  52. 

9  Term  of  first  officer.]  §  9.  The  city  officers  elected 
under  either  of  the  preceding  sections,  shall  hold  their  respective 
offices  until  the  next  succeeding  regular  election  for  such  officers, 
respectively,  and  until  their  successors  are  elected  and  qualified, 
as  provided  in  this  act. 


10  Corporate  Name.— Powers.]  §  10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under  the 
name  and  style  of  “  City  of  (name),”  and  under  such  name  may 
sue  and  be  sued,  contract  and  be  contracted  with,  acquire  and 
hold  real  and  personal  property  for  corporate  purposes,  have  a 
common  seal,  and  change  the  same  at  pleasure,  and  exercise  all 
the  powers  hereinafter  conferred. 

11  Prior  ordinances,  etc.,  in  force  until,  etc.]  §11. 
All  ordinances,  resolutions  and  by-laws  in  force  in  any  city  or 
town  when  it  shall  organize  under  this  act,  shall  continue  in  full 
force  and  effect  until  repealed  or  amended,  notwithstanding  such 
change  of  organization  ;  and  the  making  of  such  change  of  organi¬ 
zation  shall  not  be  construed  to  effect  a  change  in  the  legal 
identity,  as  a  corporation,  of  such  city  or  town. 

12  Rights,  etc.,  of  old  corporations  to  vest  in  new.] 
§  12.  All  rights  and  property  of  every  kind  and  description, 
which  were  vested  in  any  municipal  corporation  under  its  former 
organization,  shall  be  deemed  and  held  to  be  vested  in  the  same 
municipal  incorporation  upon  its  becoming  incorporated  under  the 
provisions  of  this  act ;  but  no  rights  or  liabilities,  either  in  favor 
of  or  against  such  corporation,  existing  at  the  time  of  so  becom¬ 
ing  incorporated  under  this  act,  and  no  suit  or  prosecution  of 
any  kind,  shall  be  affected  by  such  change,  but  the  same  shall 
stand  and  progress  as  if  no  change  had  been  made  :  Provided, that 
when  a  different  remedy  is  given  by  this  act,  which  may  properly 
be  made  applicable  to  any  right  existing  at  the  time  of  such  city 
so  becoming  incorporated  under  this  act,  the  same  shall  be 
deemed  cumulative  to  the  remedies  before  provided,  and  used 
accordingly. 

13  Record  of  result  of  election.]  §  13.  The  corporate 
authorities  of  any  city  or  village  which  may  become  organized 
under  this  act  shall,  within  three  months  after  organization  here¬ 
under  cause  to  be  filed  in  the  office  of  the  recorder  of  deeds,  in  the 
county  in  which  such  city  or  village  is  situated,  a  certified  copy 
of  the  entry  made  upon  the  records  of  the  city,  village,  or  county 
court,  of  the  canvass  of  the  votes,  showing  the  result  of  such 
election,  whereby  such  city  or  village  became  so  organized — and 
such  recorder  of  deeds  shall  record  the  same.  And  such  corporate 
authorities  shall  also  cause  a  like  certificate  to  be  filed  in  the 
office  of  the  Secretary  of  State,  who  shall  file  the  same,  and  keep 
a  registry  of  cities  and  villages  organized  under  this  act. 


7 


ARTICLE  II. 

OF  THE  MAYOR. 

14  Mayor,  his  qualifications.]  §  1.  The  chief  executive 
officer  of  a  city  shall  be  a  mayor,  who  shall  be  a  citizen  of  the 
United  States,  a  qualified  elector,  reside  within  the  city  limits, 
and  hold  his  office  for  two  years,  and  until  his  successor  is 
elected  and  qualified. 

15  Vacancy,  one  year  or  more.]  §  2.  Whenever  a  va¬ 
cancy  shall  happen  in  the  office  of  the  mayor,  when  the  unex¬ 
pired  term  shall  be  one  year  or  over  from  the  date  when  the 
vacancy  occurs,  it  shall  be  filled  by  an  election. 

16  Vacancy  less  than  year.]  §  3.  If  the  vacancy  is  less 
than  one  year,  the  city  council  shall  elect  one  of  its  number  to 
act  as  mayor,  who  shall  possess  all  the  rights  and  powers  of  the 
mayor  until  the  next  annual  election,  and  until  his  successor  is 
elected  and  qualified. 

17  Mayor  pro  tem.]  §  4.  During  a  temporary  absence  or 
disability  of  the  mayor,  the  city  council  shall  elect  one  of  its 
number  to  act  as  mayor  pro  tem.,  who,  during  such  absence  or 
disability,  shall  possess  the  powers  of  mayor. 

18  Vacancy  by  removal  from  city.]  §  5.  If  the  mayor, 
at  any  time  during  the  term  of  his  office,  shall  remove  from  the 
limits  of  the  city,  his  office  shall  thereby  become  vacant. 

19  Mayor  to  preside  casting  vote.]  §  6.  The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a  tie,  when  he  shall  give  the  casting 
vote. 

20  When  he  may  remove  officers]  §  7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  by  him,  on 
any  former  charge,  whenever  he  shall  be  of  the  opinion  that  the 
interests  of  the  city  demand  such  removal,  but  he  shall  report 
the  reasons  for  such  removal  to  the  council  at  its  next  regular 
meeting, 

21  His  powers  to  keep  peace.]  §  8.  He  may  exercise, 
within  the  city  limits,  the  powers  conferred  upon  sheriffs,  to 
suppress  disorder  and  keep  the  peace.  (See.  §83;  also,  “Sheriffs” 
eh.  125,  §  17,  “Crim.  Code,”  ch.  38,  §  340.) 


8 


22  Release  of  prisoners.]  §  9.  He  may  release  any 
person  imprisoned  for  violation  of  any  city  ordinance,  and 
shall  report  such  release,  with  the  cause  thereof,  to  the  council 
at  its  first  session  thereafter. 

23  General  duties.]  §  10.  He  shall  perform  all  such 
duties  as  are  or  may  be  prescribed  by  law  or  by  the  city  ordi¬ 
nances,  and  shall  take  care  that  the  laws  and  ordinances  are 
faithfully  executed. 

24  Power  to  examine  records,  etc.]  §  11.  He  shall  have 
power  at  all  times  to  examine  and  inspect  the  books,  records 
and  papers  of  any  agent,  employe  or  officer  of  the  city. 

25  Messages  to  council.]  §  12.  The  mayor  shall  an¬ 
nually,  and  from  time  to  time,  give  the  council  information  rel¬ 
ative  to  the  affairs  of  the  city,  and  shall  recommend  for  their 
consideration  such  measures  as  he  may  deem  expedient. 

26  To  call  out  militia,  etc. — Riots,  etc.]  §  13.  He 
shall  have  power,  when  necessary,  to  call  on  every  male  in¬ 
habitant  of  the  city  over  the  age  of  18  years,  to  aid  in  enforcing 
the  laws  and  ordinances,  and  to  call  out  the  militia  to  aid  in 
suppressing  riots,  and  other  disorderly  conduct,  or  carrying 
into  effect  any  law  or  ordinance,  subject  to  the  authority  of  the 
Governor  as  commander  in  chief  of  the  militia. 

27  Misconduct,  etc.,  of  mayor  or  other  officer — Pen¬ 
alty.]  §  14.  In  case  the  mayor  or  any  other  municipal  officer 
shall  at  any  time  be  guilty  of  a  palpable  omission  of  duty,  or 
shall  willfully  and  corruptly  be  guilty  of  oppression,  malcon- 
duct  or  misfeasance  in  the  discharge  of  the  duties  of  his  office, 
he  shall  be  liable  to  indictment  in  any  court  of  competent  juris¬ 
diction,  and,  on  conviction  shall  be  fined  in  a  sum  not  exceed¬ 
ing  $1,000,  and  the  court  in  which  such  conviction  shall  be  had 
shall  enter  an  order,  removing  such  officer  from  office.  [See 
“  Crim.  Code,”  ch.  38  §  208-219.] 

28  Revising  ordinances  after  change  of  organization.] 

§  15.  He  may  appoint,  by  and  with  the  advice  and  consent  of 
the  city  council,  immediately  after  such  change  of  organization, 
one  or  more  competent  persons  to  prepare  and  submit  to  the 
city  council,  for  their  adoption  or  rejection,  an  ordinance  in  re¬ 
vision  of  the  ordinances  of  such  city,  and  for  the  government  of 
such  city,  the  compensation  of  such  reviser  or  revisers  to  be 
determined  and  fixed  by  the  city  council,  and  paid  out  of  the 
city  treasury. 


9 


ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

20  Council — how  composed.]  §  1.  The  city  council  shall 
consist  of  the  mayor  and  aldermen. 

30  Number  of  aldermen.]  §  2.  The  number  of  aldermen 
when  not  elected  by  the  minority  representation  plan,  shall  be 
as  follows:  In  cities  not  exceeding  3,000  inhabitants,  six  aider- 
men  ;  exceeding  3,000  but  not  exceeding  5,000,  eight  aldermen ; 
exceeding  5,000  and  not  exceeding  10,000,  ten  aldermen;  ex¬ 
ceeding  10,000  and  not  exceeding  30,000,  fourteen  aldermen,  and 
two  additional  aldermen  for  every  20,000  inhabitants  over  30,000, 
Provided,  however,  that  in  cities  of  over  100,000  inhabitants, 
there  shall  be  elected  thirty-six  aldermen,  and  no  more.  [See 

§  175.] 

31  Term  of  office.]  §  3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified. 

32  Vacancy.]  §  4.  If  any  vacancy  shall  occur  in  the  office 
of  alderman  by  death,  resignation,  removal,  or  otherwise,  such 
vacancy  shall  be  filled  by  election. 

33  Qualifications  of  aldermen.]  §  5.  No  person  shall 
be  eligible  to  the  office  of  alderman  unless  he  shall  be  a  qual¬ 
ified  elector,  and  reside  within  the  ward  for  which  he  is  elected, 
nor  shall  he  be  eligible  if  he  is  in  arrears  in  the  payment  of  any 
tax  or  other  liability  due  to  the  city;  nor  shall  he  be  directly  or 
indirectly  interested  in  any  contract  whatever  to  which  the  city 
is  a  party  ;  nor  shall  he  be  eligible  if  he  shall  have  been  con¬ 
victed  of  malfeasance,  bribery,  or  other  corrupt  practices  or 
crimes ;  nor  shall  he  be  eligible  to  any  office,  the  salary  of 
which  is  payable  out  of  the  city  treasury,  if,  at  the  time  of  his 
appointment,  he  shall  be  a  member  of  the  city  council ;  nor 
shall  any  member  of  the  city  council  at  the  same  time  hold  any 
other  office  under  the  city  government ;  nor  shall  he  be,  either 
directly  or  indirectly,  individually,  or  as  a  member  of  a  firm, 
engaged  in  any  business  transaction  (other  than  official)  with 
such  city,  through  its  mayor  or  any  of  its  authorized  boards, 
agents,  or  attorneys,  whereby  any  money  is  to  be  paid,  directly 
or  indirectly,  out  of  the  city  treasury  to  such  member  or  firms. 


10 


34  Council  judge  of  its  members.]  :  §  0.  The  city  council 
shall  be  judge  of  the  election  and  qualification  of  its  own  mem¬ 
bers. 

35  Rules — expulsion — bribery.]  §  7.  It  shall  determine 
its  own  rules  of  proceeding,  punish  its  members  for  disorderly 
conduct,  and,  with  the  concurrence  of  two  thirds  of  the  aider- 
men  elect,  may  expel  a  member,  but  not  a  second  time  for  the 
same  offense;  Provided ,  That  any  alderman  or  councilman  who 
shall  have  been  convicted  of  bribery  shall  thereby  be  deemed  to 
have  vacated  his  office. 

3<>  Quorum — compelling  attendance.]  §  8.  A  majority 
of  the  aldermen  elect  shall  constitute  a  quorum  to  do  business 
but  a  smaller  number  may  adjourn  from  time  to  time,  and  may 
compel  the  attendance  of  absentees,  under  such  penalties  as 
may  be  prescribed  by  ordinance. 

37  Meetings.]  §  9.  The  city  council  may  prescribe  by 
ordinance,  the  times  and  places  of  the  meetings  thereof,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

38  Chairman  pro  tem.]  §  10.  It  may  elect  a  temporary 
chairman  in  the  absence  of  the  mayor. 

30  Open  doors.]  §  11.  It  shall  sit  with  open  doors. 

40  Journal.]  §  12.  It  shall  keep  a  journal  of  its  own  pro¬ 
ceedings. 

41  Yeas  and  nays — record — vote  required.]  §  13.  The 
yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordinances 
and  on  all  propositions  to  create  any  liability  against  the  city, 
or  for  the  expenditure  or  appropriation  of  its  money,  and  in  all 
other  cases  at  the  request  of  any  member,  which  shall  be  en¬ 
tered  on  the  journal  of  its  proceedings;  and  the  concurrence  of 
a  majority  of  all  the  members  elected  in  the  city  council  shall 
be  necessary  to  the  passage  of  any  such  ordinance  or  proposi¬ 
tion  ;  Provided ,  it  shall  require  two-thirds  of  all  the  aldermen 
elect  to  sell  any  city  or  school  property. 

42  Not  to  rescind  vote  at  special  meeting,  unless,  etc.] 
§  14.  No  vote  of  the  city  council  shall  be  reconsidered  or  re¬ 
scinded  at  a  special  meeting,  unless  at  such  special  meeting 
there  be  present  as  large  a  number  of  aldermen  as  were  present 
when  such  vote  was  taken. 


11 


43  When  report  laid  over.]  §  15.  Any  report  of  a 
committee  of  the  council  shall  be  deferred,  for  final  action 
thereon,  to  the  next  regular  meeting  of  the  same  after  the  report 
is  made,  upon  the  request  of  any  two  aldermen  present. 

44  Territorial  jurisdiction.]  §  16.  The  city  council 
and  board  of  trustees  shall  also  have  jurisdiction  in  and  over  all 
places  within  one-half  mile  of  the  city  or  village  limits,  for  the 
purpose  of  enforcing  health  and  quarantine  ordinances  and  reg¬ 
ulations  thereof.  [See  §  71,  170,  215,  216,  229. 

45  Special  meetings.]  .  §  17.  The  mayor  or  any  three 
aldermen  may  call  special  meetings  of  the  city  council. 

40  Ordinances — approved — veto]  §  18.  All  ordinances 
passed  by  the  city  council  shall,  before  they  take  effect,  be  de¬ 
posited  in  the  office  of  the  city  clerk;  and,  if  the  mayor  ap¬ 
proves  thereof  he  shall  sign  the  same,  and  such  as  he  shall  not 
approve  he  shall  return  to  the  council,  with  his  objections 
thereto,  in  writing,  at  the  next  regular  meeting  of  the  council 
occurring  not  less  than  five  days  after  the  passage  thereof.  Such 
veto  may  extend  to  any  one  or  more  items  or  appropriations 
■contained  in  any  ordinance  making  an  appropriation,  or  to  the 
-entire  ordinance ;  and  in  case  the  veto  only  extends  to  a  part  of 
such  ordinance,  the  residue  thereof  shall  take  effect  and  be  in 
force.  But  in  case  the  mayor  shall  fail  to  return  any  ordinance, 
with  his  objections  thereto,  by  the  time  aforesaid,  he  shall  be 
deemed  to  have  approved  such  ordinance,  and  the  same  shall 
take  effect  accordingly. 

47  Reconsideration — passing  over  veto.]  §  19.  Upon 
the  return  of  any  ordinance  by  the  mayor,  and  the  vote  by 
which  the  same  was  passed  shall  be  reconsidered  by  the  coun¬ 
cil  ;  and  if,  after  such  reconsideration,  two-thirds  of  all  the 
members  elected  to  the  city  council  shall  agree,  by  yeas  and 
nays,  to  pass  the  same,  it  shall  go  into  effect,  notwithstanding 
the  mayor  may  refuse  to  approve  thereof.  The  vote  to  pass  the 
same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and  nays 
and  entered  on  the  journal. 

ARTICLE  IV. 

elections. 

48  Annual  election.]  §  1.  A  general  election  for*  city 
officers  shall  be  held  on  the  third  Tuesday  of  April  of  each 
year. 


15 


49  Election  of  mayor.]  §  2.  At  the  general  election  held 
in  1873,  and  biennally  thereafter,  a  mayor  shall  be  elected  in 
each  city. 

50  Who  entitled  to  vote.]  §  3.  All  persons  entitled  to 
vote  at  any  general  election  for  State  officers  within  any  city  or 
village,  having  resided  therein  thirty  days  next  preceeding 
thereto,  may  vote  at  any  election  for  city  or  village  officers. 
[See  “elections,”  ch.  46,  §  65,  66;  Const.,  art.  7,  §  1,  p.  73. 

51  WARDS.]  §  4.  The  city  council  may,  from  time  to  time,, 
divide  the  city  into  one-half  as  many  wards  as  the  total  number 
of  aldermen  to  which  the  city  is  entitled  ;  and  one  aldermen  shall, 
annually,  be  elected  in  and  for  each  ward,  to  hold  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified.  In  the 
formation  of  wards,  the  population  of  each  shall  be  as  nearly  equal 
and  the  wards  shall  be  of  as  compact  and  contiguous  territory  as 
practicable. 

52  Aldermen  at  first  election— classified.]  g  5.  At 
the  first  election  under  this  act,  there  shall  be  elected  the  full 
number  of  aldermen  to  which  the  city  shall  be  entitled.  At  the 
first  meeting  of  the  city  council  after  such  election,  the  aldermen 
elected  shall  be  divided,  by  lot,  into  two  classes :  Those  of  the 
first  class  shall  continue  in  office  for  one  year,  and  those  of  the 
second  for  two  years.  And  upon  any  increase  of  the  number  of 
aldermen  at  their  first  election,  one-half  shall  be  elected  for  one 
year,  and  one-half  for  two  years. 

53  Minority  representation.]  §  6.  Whenever  this  act 

shall  be  submitted  to  the  qualified  electors  of  any  city  for  adop¬ 
tion,  there  shall  be  submitted  at  the  same  time,  for  adoption  or 
rejection,  the  question  of  minority  representation  in  the  city  coun¬ 
cil  or  legislative  authority  of  such  city.  At  the  said  election  the 
ballots  shall  be  in  the  following  form  :  “  For  minority  represen¬ 

tation  in  the  city  council,”  or  “  Against  minority  representation 
in  the  city  council.”  And  at  any  subsequent  time,  on  the  peti¬ 
tion  of  the  legal  voters  equal  in  number  to  one-eighth  the  number 
of  legal  votes  cast  at  the  next  preceding  general  city  election,  the 
city  council  shall  cause  the  question  of  minority  representation  to 
be  submitted  to  the  legal  voters  of  said  city,  and  the  ballots  shall 
be  in  form  as  provided  in  this  section ;  Provided ,  that  no  such 
question  of  representation  shall  be  submitted  more  than  once  in 
every  two  years.  The  judges  of  such  election  shall  make  returns 
thereof  to  the  city  council,  whose  duty  it  shall  be  to  canvass  such 
returns,  and  to  cause  the  result  of  such  canvass  to  be  entered  on 


the  records  of  such  city.  If  a  majority  of  the  votes  cast  at  such 
election  shall  be  “  For  equal  representation  in  the  city  council/’ 
then  the  members  of  the  city  council  or  legislative  authority  of 
such  city  shall  be  thereafter  elected  in  the  following  manner : 
The  council  or  legislative  authority  of  such  city,  at  least  one 
month  before  the  general  election  in  the  year  in  which  this  act 
shall  take  efiect  in  such  city,  shall  apportion  such  city,  by  dividing 
the  population  thereof,  as  ascertained  by  the  last  federal  census, 
by  any  number  not  less  than  two  nor  more  than  six,  and  the 
quotient  shall  be  the  ratio  of  representation  in  the  city  council. 
Districts  shall  be  formed  of  contiguous  and  compact  territory, 
and  contain  as  nearly  as  practicable,  an  equal  number  of  inhabi¬ 
tants.  [As  amended  by  act  approved  March  27,  1874 ;  in  force 
July  1,  1874. 

54  Aldermen  under  minority  plan.]  §  7.  Every  such 
district  shall  be  entitled  to  three  aldermen,  who  shall  hold  their 
office  for  two  years,  and  until  their  successors  shall  be  elected  and 
qualified  :  Provided ,  that  those  elected  at  the  first  election,  from 
the  wards  bearing  odd  numbers,  shall  only  hold  their  office  for 
one  year,  and  until  their  successors  shall  be  elected  and  qualified. 
Vacancies  occurring  by  the  expiration  of  term,  shall  be  filled  at 
an  election  to  be  held  by  the  voters  of  the  district  in  which  such 
vacancy  shall  occur,  at  the  time  designated  by  the  city  council. 
In  all  elections  for  aldermen,  aforesaid,  each  qualified  voter  may 
cast  as  many  votes  as  there  are  aldermen  to  be  elected  in  his  dis¬ 
trict,  or  may  distribute  the  same,  or  equal  parts  thereof,  among 
the  candidates,  as  he  shall  see  fit,  and  the  candidate  highest  in 
votes  shall  be  declared  elected.  [As  amended  by  act  approved 
March  27,  1874;  in  force  July,  1,  1874. 

55  Aldermen  when  minority  plan  not  adopted.] 
-§8.  If  a  majority  of  the  votes  cast  at  such  election  shall  be 
“  against  minority  representation  in  the  city  council,”  the  preced¬ 
ing  section  shall  be  null  and  void  so  far  as  it  relates  to  such  city 
at  such  election,  and  the  aldermen  of  such  city  shall  be  elected  as 
otherwise  provided  for  in  this  act. 

56  Place  of  election — notice.]  §  9.  .The  city  council 
shall  designate  the  place  or  places  in  which  the  election  shall  be 
held,  and  appoint  the  judges  and  clerks  thereof,  and  cause  notice 
to  be  printed  in  some  newspaper  published  in  such  city,  if  there 
be  one,  or  posted  at  each  voting  place  in  such  city,  of  the  time, 
places  of  election,  and  of  the  officers  to  be  elected,  for  at  least 
twenty  days  prior  to  such  election. 


14 


57  Manner  of  conducting  elections,  etc.]  §  JO.  The 
manner  of  conducting  and  voting  at  elections  to  be  held  under 
this  act  and  contesting  the  same,  the  keeping  of  poll  lists  and 
canvassing  the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as 
in  the  case  of  the  election  of  county  officers,  under  the  general 
laws  of  this  State.  The  judges  of  election  shall  appoint  clerks 
when  necessary  to  fill  vacancies,  and  the  judges  and  clerks  shall 
take  the  same  oaths  and  have  the  same  powers  and  authority  as 
the  judges  and  clerks  of  general  State  elections.  After  the  clos¬ 
ing  of  the  polls  the  ballots  shall  be  counted  and  the  returns  made 
out  and  returned,  under  seal,  to  the  city  or  village  clerk,  as  the 
case  may  be,  within  two  days  after  the  election  ;  and,  thereupon, 
the  city  council  or  board  of  trustees,  as  the  case  may  be,  shall  ex¬ 
amine  and  canvass  the  same  and  declare  the  result  of  the  election, 
and  cause  a  statement  thereof  to  be  entered  upon  its  journals. 
[See  “  Elections,”  ch.  46.  §  48,  seq.] 

58  Result — tie.]  §  11.  The  person  having  the  highest 
number  of  votes,  for  any  office,  shall  be  declared  elected.  In  case 
a  tie  in  the  election  of  any  city  or  village  officer,  it  shall  be  deter¬ 
mined  by  lot,  in  presence  of  the  city  council  or  board  of  trustees,, 
in  such  manner  as  they  shall  direct,  which  candidate  or  candidates 
shall  hold  the  office. 

59  Notice  to  persons  elected  or  appointed.]  §  12. 
It  shall  be  the  duty  of  the  village  or  city  clerk,  within  five  days 
after  the  result  of  the  election  is  declared  .or  appointment  made, 
to  notify  all  persons  elected  or  appointed  to  office  of  their  election 
or  appointment,  and  unless  such  persons  shall  respectively  qualify 
in  ten  days  after  such  notice,  the  office  shall  become  vacant. 

60  When  no  quorum  in  office — special  election.] 
§  13.  If,  for  any  cause,  there  shall  not  be  a  quorum  in  office  of 
the  city  council  or  board  of  trustees,  the  mayor,  clerk,  or  any 
alderman  or  trustee,  as  the  case  may  be,  may  appoint  the  time 
and  place  for  holding  a  special  election  to  supply  such  vacancy 
and  give  notice  and  appoint  the  judges  thereof. 

61  Special  elections.]  §  14.  If  there  is  a  failure  to  elect 
any  officer  herein  required  to  be  elected,  or  the  person  elected 
should  fail  to  qualify,  the  city  council  or  board  of  trustees  may 
forthwith  order  a  new  election  therefor ;  and  in  all  cases,  when 
necessary  for  the  purposes  of  this  act,  may  call  special  elections, 
appoint  judges  and  clerks  thereof,  canvass  the  returns  thereof, 
and  provide  by  ordinance  for  the  mode  of  conducting  the  same ; 
and  shall  give  notice  of  such  special  elections,  in  which  shall  be 


15 


stated  the  questions  to  be  voted  upon,  and  cause  such  notices  to 
be  published  or  posted  for  the  same  length  of  time  and  in  the 
same  manner  as  is  required  in  the  case  of  regular  annual  elections 
in  such  cities  or  villages. 


ARTICLE  V. 

62  Of  the  powers  of  the  city  council.]  §  1.  The 
city  council  in  cities,  and  president  and  the  board  of  trustees  in 
villages,  shall  have  the  following  powers  : 

First — To  control  the  finances  and  property  of  the  corpora¬ 
tion. 

Second — To  appropriate  money  for  corporate  purposes  only, 
and  provide  for  payment  of  debts  and  expenses  of  the  corpor¬ 
ation. 

Third — To  levy  and  collect  taxes  for  general  and  special  pur¬ 
poses  on  real  and  personal  property.  [See  §  89,  171,  227,  231- 
236,  240-269. 

Fourth — To  fix  the  amount,  terms,  and  manner  of  issuing  and 
revoking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation  for 
corporate  purposes,  and  issue  bonds  therefor,  in  such  amounts 
and  form,  and  on  such  conditions  as  it  shall  prescribe,  but  shall 
not  become  indebted  in  any  manner  or  for  any  purpose,  to  an 
amount,  including  existing  indebtedness  in  the  aggregate  to  ex¬ 
ceed  five  (5)  per  centum  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness  ;  and 
before,  or  at  the  time  of,  incurring  any  indebtedness,  shall  provide 
for  the  collection  of  a  direct  annual  tax  sufficient  to  pay  the  in¬ 
terest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  thereof  within  twenty  years  after  contracting  the 
same.  [See  §  90,  169,  228,  245. 

Sixth. — To  issue  bonds  in  place  of  or  to  supply  means  to 
meet  maturing  bonds,  or  for  the  consolidating  or  funding  of  the 
same. 

Seventh. — To  lay  out,  establish,  open,  alter,  widen,  extend, 
grade,  pave,  or  otherwise  improve  streets,  alleys,  avenues,  side¬ 
walks,  wharves,  parks,  and  public  grounds,  and  vacate  the  same. 
[See  "Plats.”  ch.  109,  §  1-10. 


16 


Eighth. — To  plant  trees  upon  the  same. 

Ninth. — To  regulate  the  use  of  the  same. 

Tenth. — To  prevent  and  remove  encroachments  or  obstruc 
tions  upon  the  same. 

Eleventh. — To  provide  for  the  lighting  of  the  same. 

Twelfth. — To  provide  for  the  cleansing  of  the  same. 

Thirteenth. — To  regulate  the  openings  therein  for  the  laying 
of  gas  and  water  mains  and  pipes,  and  the  building  and  repairing 
of  sewers,  tunnels  and  drains,  and  erecting  gas-lights  :  Provided , 
however ;  that  any  company  heretofore  organized  under  the  gen¬ 
eral  laws  of  this  State,  or  any  association  of  persons  organized, 
or  which  may  be  hereafter  organized  for  the  purpose  of  manufac¬ 
turing  illuminating  gas  to  supply  cities  or  villages,  or  the  inhabit¬ 
ants  thereof,  with  the  same,  shall  have  the  right  by  consent  of  the 
common  council  (subject  to  existing  rights),  to  erect  gas  factor¬ 
ies,  and  lay  down  pipes  in  the  streets  or  alleys  of  any  city  or 
village,  of  this  State,  subject  to  such  regulations  as  any  city  or 
village  may  by  ordinance  impose. 

Fourteenth. — To  regulate  the  use  of  sidewalks,  and  all  struct¬ 
ures  thereunder;  and  to  require  the  owner  or  occupant  of  any 
premises  to  keep  the  sidewalks  in  front  of,  or  along  the  same,  free 
from  snow  and  other  obstructions. 

Fifteenth. — To  regulate  and  prevent  the  throwing  or  deposit 
ing  of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in,  and 
to  prevent  injury  to,  any  street,  avenue,  alley,  or  public  ground. 

Sixteenth. — To  provide  for  and  regulate  crosswalks,  curbs,  and 
gutters. 

Seventeenth. — To  regulate  and  prevent  the  use  of  streets, 
sidewalks,  and  public  grounds  for  signs,  sign-posts,  awnings,  awn¬ 
ing-posts,  telegraph  poles,  horse  troughs,  racks,  posting  hand¬ 
bills,  and  advertisements. 

Eighteenth. — To  regulate  and  prohibit  the  exhibition  or  carry¬ 
ing  of  banners,  placards,  advertisements,  or  hand-bills  in  the 
streets  or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth. — To  regulate  and  prevent  the  flying  of  flags,  ban¬ 
ners,  or  signs. across  the  streets  or  from  the  houses. 

Twentieth. — To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks,  and  public  places. 


17 


Twenty-first. — To  regulate  the  speed  of  horses  and  other 
animals,  vehicles,  cars  and  locomotives,  within  the  limits  of  the 
corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and 
lots. 

Twenty-third-- -To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 

Twenty-fourth. — To  permit,  regulate,  or  prohibit,  the  locating, 
constructing,  or  laying  a  track  of  any  horse  rail-road,  in  any 
street,  alley,  or  public  place :  but  such  permission  shall  not  be  for 
a  longer  time  than  twenty  years.  [See  “H  and  D  Railroads,” 
ch.  66. 

Twenty-fifth. — To  provide  for  and  change  the  location,  grade, 
and  crossings  of  any  railroad. 

Twenty-sixth. — To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets  and  public  roads,  and  keep  the 
some  in  repair,  within  the  limits  of  the  corporation.  In  case  any 
railroad  company  shall  fail  to  comply  with  any  such  ordinance,  it 
shall  be  liable  for  all  damages  the  owner  of  any  cattle  or  horses 
or  other  domestic  animal  may  sustain,  by  reason  of  injuries  there¬ 
to  while  on  the  track  of  such  railroad,  in  like  manner  and  extent 
as  under  the  general  laws  of  this  State,  relative  to  the  fencing  of 
railroads,  and  actions  to  recover  such  damages  may  be  instituted 
before  any  justice  of  the  peace,  or  other  court  of  competent 
jurisdiction. 

Twenty-seventh. — To  require  railroad  companies  to  keep  flag¬ 
men  at  railroad  crossings  of  streets,  and  provide  protection 
against  injury  to  persons  and  property  in  the  use  of  such  rail¬ 
roads.  To  compel  such  railroad  to  raise  or  lower  their  railroad 
tracks  to  conform  with  any  grade  which  may,  at  any  time,  be 
established  by  such  city,  and  where  such  tracks  run  lengthwise 
of  any  such  street,  alley  or  highway,  to  keep  their  railroad  tracks 
on  a  level  with  the  street  surface,  and  so  that  such  tracks  may 
be  crossed  at  any  place,  on  such  street,  alley  or  highway.  To 
compel  and  require  railroad  companies  to  make  and  keep  open 
and  keep  in  repair  ditches,  drains,  sewers,  and  culverts  along  and 
under  their  railroad  tracks,  so  that  filthy  or  stagnant  pools  of 
water  cannot  stand  on  their  grounds,  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded. 


18 


Twenty-eighth. — To  construct  and  keep  in  repair  bridges,  via¬ 
ducts  and  tunnels,  and  to  regulate  the  use  thereof.  [See  §  194.] 

Twenty-ninth. — To  construct  and  keep  in  repair  culverts, 
drains,  sewers  and  cesspools,  and  to  regulate  the  use  thereof. 
[See  §  242. 

Thirtieth. — To  deepen,  widen,  dock,  cover,  wall,  alter,  or  change 
the  channel  of  water  courses. 

Thirty-first. — To  construct  and  keep  in  repair  canals  and  slips 
for  the  accommodation  of  commerce. 

Thirty-second. — To  erect  and  keep  in  repair  public  landing 
places,  wharves,  docks,  and  levees.  [See  §  219,  220. 

Thirty-third. — To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks,  and  levees. 

Thirty-fourth. — To  control  and  regulate  the  anchorage,  moorage 
and  landing  of  all  water  craft,  and  their  cargoes,  within  the  juris¬ 
diction  of  the  corporation. 

Thirty-fifth. — To  license,  regulate,  and  prohibit  wharf-boats, 
tugs,  and  other  boats  used  about  the  harbor  or  within  such 
urisdiction. 

Thirty-sixth. — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty-seventh. — To  collect  wharfage  and  dockage  from  all 
boats  ,  rafts,  or  other  craft  landing  at  or  using  any  public  landing 
place,  wharf,  dock,  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth. — To  make  regulations  in  regard  to  the  use  of 
harbors,  towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth. — To  appoint  harbor  masters,  and  define  their 
duties. 

Fortieth. — To  provide  for  the  cleansing  and  purification  of 
waters,  water  courses,  and  canals,  and  the  draining  or  filling  of 
ponds  on  private  property,  whenever  necessary  to  prevent  or 
abate  nuisance. 

Forty-first. — To  license,  tax,  regulate,  suppress,  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals, 
and  other  exhibitions,  shows  and  amusements,  and  to  revoke 
such  license  at  pleasure. 

Forty-second. — To  license,  tax,  and  regulate  hackmen,  dray- 


19 


men,  omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and 
all  others  pursuing  like  occupations,  and  to  prescribe  their 
compensation. 

Forty-third. — To  license,  regulate,  tax,  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty-fourth. — To  license,  regulate,  tax,  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon  hole,  or  any  other  tables  or  implements 
kept  or  used  for  a  similar  purpose  in  any  place  of  public  resort, 
pin  alleys,  and  ball  alleys. 

Forty-fifth. — To  suppress  bawdy  and  disorderly  houses, 
houses  of  ill-fame,  or  assignation,  within  the  limits  of  the  city, 
and  within  three  miles  of  the  outer  boundaries  of  the  city ;  and 
also  to  suppress  gaming  and  gambling  houses,  lotteries,  and  all 
fraudulent  devices  and  practices  for  the  purpose  of  gaming  or  ob¬ 
taining  money  or  property,  and  to  prohibit  the  sale  or  exhibition 
of  obscene  or  immoral  publications,  prints,  pictures  or  illustra¬ 
tions.  [See  §  216,  217. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or 
giving  away  of  any  intoxicating  malt,  vinous,  mixed  or  fermented 
liquor,  the  license  not  to  extend  beyond  the  municipal  year,  in 
which  it  shall  be  granted,  and  to  determine  the  amount  to  be 
paid  for  such  license ;  Provided,  that  the  city  council  in  cities, 
or  president  and  board  of  trustees  in  villages,  may  grant  permits 
to  druggists  for  the  sale  of  liquors  for  medicinal,  mechanical,  sac¬ 
ramental  and  chemical  purposes  only,  subject  to  forfeiture,  and 
under  such  restrictions  and  regulations,  as  may  be  provided  by 
ordinance ;  Provided  further ;  that  in  granting  licenses,  such  cor¬ 
porate  authorities  shall  comply  with  whatever  general  law  of  the 
State  may  be  in  full  force  relative  to  the  granting  of  licenses. 
[See  §  216  ;  also  “Dram  Shops,”  ch.  43. 

Forty-seventh. — The  foregoing  shall  not  be  construed,  to  affect 
the  provisions  of  the  charter  of  any  literary  institution,  hereto¬ 
fore  granted. 

Forty-eighth. — And  the  city  council  in  cities,  and  president 
and  board  of  trustees  in  villages,  shall  also  have  the  power  to  for¬ 
bid  and  punish  the  selling  or  giving  away  of  any  intoxicating 
malt,  vinous,  mixed,  or  fermented  liquors  to  any  minor,  appren¬ 
tice,  or  servant,  or  insane,  idiotic,  or  distracted  person,  habitual 
drunkard,  or  person  intoxicated. 


20 


J 


Forty-ninth. — To  establish  markets  and  market  houses,  and 
provide  for  the  regulation  and  use  thereof. 

Fiftieth. — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables  and  all  other  provisions,  and  to  provide 
for  place  and  manner  of  selling  the  same. 

Fifty-first. — To  prevent  and  punish  forestalling,  and  regrating. 

Fifty-second. — To  regulate  the  sale  of  bread  in  the  city  or  vil¬ 
lage  ;  prescribe  the  weight  and  quality  of  the  bread,  in  the  loaf. 

Fifty-third. — To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobac¬ 
co,  flour,  meal,  and  other  provisions. 

Fifty-fourth. — To  regulate  the  inspection,  weighing,  and  meas¬ 
uring  of  brick,  lumber,  firewood,  coal,  hay,  and  any  article  of 
merchandise. 

Fifty-fifth. — To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Fifty-sixth. — To  enforce  the  keeping  and  use  of  proper  weights, 
and  measures  by  venders. 

Fifty-seventh. — To  regulate  the  construction,  repairs  and  use 
of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth. — To  regulate  places  of  amusement. 

Fifty-ninth. — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth. — To  regulate  partition  fences  and  party  wralls. 

Sixty-first.-- \To  prescribe  the  thickness,  strength  and  manner 
of  constructing  stone,  brick  and  other  buildings,  and  construc¬ 
tion  of  fire  escapes  therein. 

Sixty-second.- — The  city  council,  and  the  president  and  trust¬ 
ees  in  villages,  for  the  purpose  of  guarding  against  the  calamities 
of  fire,  shall  have  power  to  prescribe  the  limits  within  which, 
wooden  buildings  shall  not  be  erected,  or  placed  or  repaired,  with¬ 
out  permission,  and  to  direct  that  all  and  any  buildings  within 
the  fire  limits,  when  the  same  shall  have  been  damaged  by  fire, 
decay,  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  the  value, 
shall  be  torn  down  or  removed,  and  to  prescribe  the  manner  of 
ascertaining  such  damage. 


21 


Sixty-third. — To  prevent  the  dangerous  construction  and  con¬ 
dition  of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens, 
boilers,  and  apparatus  used  in  and  about  any  building  and  man¬ 
ufactory,  and  to  cause  the  same  to  be  removed  or  placed  in  a 
safe  condition,  when  considered  dangerous,  to  regulate  and 
prevent  the  carrying  on  of  manufactories,  dangerous  in  causing 
and  promoting  fires  ;  to  prevent  the  deposit  of  ashes  in  unsafe 
places,  and  to  cause  all  such  buildings  and  inclosures  as  may  be 
in  a  dangerous  state  to  be  put  in  a  safe  condition. 

Sixty-fourth. — To  erect  engine  houses,  and  provide  fire  en¬ 
gines,  hose  carts,  hooks  and  ladders,  and  other  implements  for 
prevention  and  extinguishment  of  fires,  and  provide  for  the  use 
and  management  of  the  same,  by  voluntary  fire  companies,  or 
otherwise. 

Sixty-fifth. — To  regulate  and  prevent  storage  of  gunpowder 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro¬ 
glycerine,  petroleum,  or  any  of  the  products  thereof,  and  other 
combustible  or  explosive  material,  and  the  use  of  lights  in  stables, 
shops,  and  other  places,  and  the  building  of  bonfires  ;  also  to  reg¬ 
ulate  and  restrain  the  use  of  fireworks,  firecrackers,  torpedoes, 
Roman  candles,  sky-rockets,  and  other  pyrotechnic  displays. 

Sixty-sixth. — To  regulate  the  police  of  the  city  or  village,  and 
pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh. — To  provide  for  the  inspection  of  steam  boil¬ 
ers. 

Sixty-eighth. — To  prescribe  the  duties  and  powers  of  a  super¬ 
intendent  of  police,  policemen  and  watchmen. 

Sixty-ninth. — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction,  and  work-houses,  for  the  reformation  and 
confinement  of  vagrants,  idle  and  disorderly  persons,  and  persons 
convicted  of  violating  any  city  or  village  ordinance,  and  make 
rules  and  regulations  for  the  government  of  the  same,  and  ap¬ 
point  necessary  keepers  and  assistants. 

Seventieth. — To  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as  are  imposed 
by  law,  and  with  the  consent  of  the  county  board. 

Seventy-first. — To  provide  by  ordinance  in  regard  to  the  rela¬ 
tion  between  all  the  officers,  and  employees  of  the  corporation, 
in  respect  to  each  other,  the  corporation  and  the  people. 


22 


Seventy-second. — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies,  in  any  public  or  pri¬ 
vate  place. 

Seventy-third. — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth. — To  restrain  and  punish  vagrants,  mendicants 
and  prostitutes. 

Seventy-fifth. — To  declare  what  shall  be  a  nuisance,  and  to 
abate  the  same ;  and  to  impose  fines  upon  parties  who  may  cre¬ 
ate,  continue,  or  suffer  nuisances  to  exist. 

Seventy-sixth. — To  appoint  a  board  of  health,  and  prescribe  its 
powers  and  duties. 

Seventy-seventh. — To  erect  and  establish  hospitals,  and  medi¬ 
cal  despensaries,  and  control  and  regulate  the  same. 

Seventy-eighth. — To  do  all  acts,  make  all  regulations  which 
may  be  necessary  or  expedient,  for  the  promotion  of  health  or  the 
suppression  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase 
or  otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit 
their  establishment  within  one  mile  of  the  corporation,.  [See 
“  Cemeteries,”  ch.  24,  §4. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a  tax  on  dogs.  [See  “  Animals,”  ch.  8.  §  1-7. 

Eighty-first — To  direct  the  location  and  regulate  the  manage¬ 
ment  and  construction  of  packing-houses,  renderies,  tallow  chand¬ 
leries,  bone  factories,  soap  factories  and  tanneries  within  the  limits 
of  the  city  or  village,  and  within  the  distance  of  one  mile  without 
the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stables,  blacksmith 
shops,  and  foundries  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  busi¬ 
ness  or  establishment  within  or  within  one  mile  of  the  limits  of 
the  corporation. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or 


23 


other  unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate 
or  remove  the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  city  council,  or  trustees  of  a  village,  shall 
have  power  to  provide  for  the  taking  of  the  city  or  village  census; 
but  no  city  or  village  census  shall  be  taken  by  authority  of  the 
council  or  trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  of  village. 

Eighty-seventh — To  establish  ferries,  toll  bridges,  aud  license 
and  regulate  the  same,  and  from  time  to  time,  fix  tolls  thereon. 
[See  §  194. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill- 
race,  and  feeders  on,  through,  or  across  the  streets  of  the  city  or 
village,  at  such  places  and  under  such  restrictions  as  they  shall 
deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  condem¬ 
nation  or  otherwise,  to  extend  any  street,  alley  or  highway  over 
or  across,  or  to  construct  any  sewer  under  or  through  any  rail¬ 
road  track,  right  of  way,  or  land  of  any  railroad  company  (within 
the  corporate  limits) ;  but  where  no  compensation  is  made  to 
such  railroad  company,  the  city  shall  restore  such  railroad  track, 
right  of  way,  or  land  to  its  former  state,  or  in  a  sufficient  manner 
not  to  have  impaired  its  usefulness. 

Ninetieth — The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  any  steam  or  horse  railroad 
company,  except  upon  a  petition  of  the  owners  of  the  land  repre¬ 
senting  more  than  one-half  of  the  frontage  of  the  street,  or  so 
much  thereof  as  is  sought  to  be  used  for  railroad  purposes.  [See 
“  H.  and  D.  R.  R.”  ch.  66,  §  3;  “  Railroads  and  Warehouses,”  ch., 
144,  §  19. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  distillers 
brewers,  lumber-yards,  livery  stables,  public  scales,  money  chang¬ 
ers,  and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  prac¬ 
tice  having  a  tendency  to  annoy  persons  passing  in  the  streets  or 
on  the  sidewalks,  or  to  frighten  teams  and  horses. 


24 


Ninety-third — To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber,  tim¬ 
ber,  wood  or  other  combustible  material,  within  the  fire  limits  ot 
the  city. 

Ninety-fourth — To  provide,  by  ordinance,  that  all  the  paper,  print¬ 
ing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use  of 
the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

Ninety-fifth — To  tax,  license,  and  regulate  second-hand  and 
junk-stores,  and  to  prevent  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or  guardians, 
any  articles  whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all  reg¬ 
ulations  proper  or  necessary  to  carry  into  effect  the  powers 
granted  to  cities  and  villages,  with  such  fines  and  penalties  as 
the  city  council  or  board  of  trustees  shall  deem  proper;  Provided , 
no  fine  or  penalty  shall  exceed  $200,  and  no  imprisonment  shall 
exceed  six  months  for  one  offense. 

63  Style  OF  ORDINANCE.]  §2.  The  style  of  the  ordinances 

in  cities  shall  be :  “  Be  it  ordained  by  the  city  council  of - — .” 

64  Publication  of  ordinances — when  take  effect.] 
§  3.  All  ordinances  of  cities  and  villages  imposing  any  fine,  penal¬ 
ty,  imprisonment  or  forfeiture,  or  making  any  appropriation, 
shall,  within  one  month  after  they  are  passed,  be  published  at 
least  once  in  a  newspaper  published  in  the  city  or  village,  or,  if  no 
such  newspaper  is  published  therein,  by  posting  copies  of  the 
same  in  three  public  places  in  the  city  or  village ;  and  no  such 
ordinance  shall  take  effect  until  ten  days  after  it  is  so  published. 
And  all  other  ordinances,  orders,  and  resolutions  shall  take  effect 
from  and  after  their  passage,  unless  otherwise  provided  therein. 

65  PROOF  OF  ordinances.]  §  4.  All  ordinances,  and  the 
date  of  publication  thereof  may  be  proven  by  the  certificate  of 
the  clerk,  under  the  seal  of  the  corporation.  And  when  printed 
in  book  or  pamphlet  form,  and  purporting  to  be  published  by  au¬ 
thority  of  the  board  of  trustees  or  the  city  council,  the  same  need 
not  be  otherwise  published;  and  such  book  or  pamphlet  shall  be 
received  as  evidence  of  the  passage  and  legal  publication  of  such 
ordinances,  as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in 
all  the  courts  and  places  without  further  proof.  [See  “  Evidence, 
etc.,”  ch.  51,  §  14. 

66  Suits  for  violating  ordinances.]  §  5.  All  actions 
brought  to  recover  any  fine,  or  to  enforce  any  penalty,  under  any 


25 


ordinance  of  any  city  or  village,  shall  be  brought  in  the  corporate 
name  of  the  city  or  village  as  plaintiff ;  and  no  prosecution,  recov¬ 
ery  or  acquittal,  for  the  violation  of  any  such  ordinance,  shall  con¬ 
stitute  a  defense  to  any  other  prosecution  of  the  same  party  for 
any  other  violation  of  any  such  ordinance,  although  the  different 
causes  of  action  existed  at  the  same  time,  and,  if  united,  would 
not  have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

67  Fines  and  licenses — paid  to  treasurer.]  §  6.  All 
fines  and  forfeiture  for  the  violation  of  ordinances  when  collected, 
and  all  moneys  collected  for  licenses  or  otherwise,  shall  be  paid 
into  the  treasury  of  the  corporation,  at  such  times  and  in  such 
manner  as  may  be  prescribed  by  ordinance. 

68  Summons. — affidavit — punishment.]  §  7.  In  all  ac¬ 
tion  for  the  violation  of  any  ordinance,  the  first  process  shall  be  a 
summons ;  Provided ,  however,  that  a  warrant  for  the  arrest  of  the 
offender  may  issue  in  the  first  instance  upon  the  affidavit  of  any 
person  that  any  such  ordinance  has  been  violated,  and  that  the 
person  making  the  complaint  has  reasonable  grounds  to  believe 
the  party  charged  is  guilty  thereof;  and  any  person  arrested 
upon  such  warrant  shall,  without  unnecessary  delay,  be  taken  be¬ 
fore  the  proper  officer  to  be  tried  for  the  alleged  offense.  Any 
person  upon  whom  any  fine  or  penalty  shall  be  imposed,  may, 
upon  the  order  of  the  court  or  magistrate  before  whom  the  con¬ 
viction  is  had,  be  committed  to  the  county  jail  or  the  calaboose,  city 
prison,  work  house,  house  of  correction,  or  other  place  provided 
by  the  city  or  village  for  the  incarceration  of  offenders,  until  such 
fine,  penalty  and  cost  shall  be  fully  paid :  Provided,  that  no  such 
imprisonment  shall  exceed  six  months  for  any  one  offense.  The 
city  council  or  board  of  trustees  shall  have  power  to  provide,  by 
ordinance,  that  every  person  so  committed  shall  be  required  to 
work  for  the  corporation,  at  such  labor  as  his  or  her  strength  will 
permit,  within  and  without  such  prison,  work-house,  house  of 
correction,  or  other  places  provided  for  the  incarceration  of  such 
offenders,  not  exceeding  ten  hours  each  working  day ;  and  for  such 
work  the  person  so  employed  to  be  allowed,  exclusive  of  his  or  her 
board,  $2  for  each  day’s  work  on  account  of  such  fine  and  cost. 

69  Jurisdiction  of  justices,  etc.]  §  8.  Any  and  all  jus¬ 
tices  of  the  peace  and  police  magistrates  shall  have  jurisdiction  in 
all  cases  arising  under  the  provisions  of  this  act,  or  any  ordinance 
passed  in  pursuance  thereof. 


26 


70  Constable  or  sheriff  may  serve  process,  etc.] 
§  9.  Any  constable  or  sheriff  of  the  county  may  serve  any  process 
or  make  any  arrests  authorized  to  be  made  by  any  city  officer. 

71  Jurisdiction  over  waters.]  §  10.  The  city  or  village 
government  shall  have  jurisdiction  upon  all  waters  within  or 
bordering  upon  the  same,  to  the  extent  of  three  miles  beyond  the 
limits  of  the  city  or  village,  but  not  to  exceed  the  limits  of  the 
State.  [See  §  44,  215,  216. 

ARTICLE  VI. 

OFFICERS — THEIR  POWERS  AND  DUTIES. 

72  OFFICERS.]  §  1.  There  shall  be  elected,  in  all  cities  or¬ 
ganized  under  this  act  the  following  officers,  viz :  a  mayor,  a  city 
council,  a  city  clerk,  city  attorney  and  a  city  treasurer. 

73  Other  officers — duties  of  city  marshal.]  §2. 
The  city  council  may,  in  its  discretion,  from  time  to  time,  by  or¬ 
dinance  passed  by  a  vote  of  two-thirds  of  all  the  aldermen 
elected,  provide  for  the  election  by  the  legal  voters  of  the  city,  or 
the  appointment  by  the  mayor,  with  the  approval  of  the  city 
council,  of  a  city  collector,  a  city  marshal,  a  city  superintendent 
of  streets,  a  corporation  counsel,  a  city  comptroller,  or  any  or  either 
of  them,  and  such  other  officers  as  may  by  said  council  be 
deemed  necessary  or  expedient.  The  city  council  may,  by  a  like 
vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end  of  the 
then  fiscal  year,  discontinue  any  office  so  created,  and  devolve  the 
duties  thereof  on  any  other  city  officer;  and  no  officer,  filling  any 
such  office  so  discontinued,  shall  have  any  claim  against  the  city 
on  account  of  his  salary,  after  such  discontinuance.  The  city 
marshal  shall  perform  such  duties  as  shall  be  prescribed  by  the 
city  council  for  the  preservation  of  the  public  peace  and  the  ob¬ 
servance  and  enforcement  of  the  ordinances  and  laws ;  he  shall 
possess  the  power  and  authority  of  a  constable  at  common  law, 
and  under  the  statutes  of  this  State. 

74  Appointment — vacancies — duties — powers.  §  3. 
All  officers  of  any  city,  except  where  herein  otherwise  provided, 
shall  be  appointed  by  the  mayor  (and  vacancies  in  all  offices  ex¬ 
cept  the  mayor  and  aldermen,  shall  be  filled  by  like  appointment) 
by  and  with  the  advice  and  consent  of  the  city  council.  The  city 
council  may,  by  ordinance  not  inconsistent  with  the  provisions  of 
this  act,  prescribe  the  duties  and  define  the  powers  of  all  such 
officers,  together  with  the  term  of  any  such  office :  Provided ,  the 
term  shall  not  exceed  two  years.  [See  §  15-18,  32. 


27 


75  Oath — bond.]  §  4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the  du¬ 
ties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  Consti¬ 
tution  of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of - according  to  the  best  of  my  abil¬ 

ity. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  clerk.  And  all  such  officers,  except  aldermen  and 
trustees,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  execute  a  bond  with  security,  to  be  approved  by  the  city 
council  or  board  of  trustees,  payable  to  the  city  or  village,  in  such 
penal  sum  as  may,  by  resolution  or  ordinance,  be  directed,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  the  office,  and 
the  payment  of  all  moneys  received  by  such  officer,  according  to 
law  and  the  ordinances  of  said  city  or  village :  Provided \  however , 
that  in  no  case  shall  the  mayor’s  bond  be  fixed  at  a  less  sum 
than  three  thousand  dollars  ($3,000);  nor  shall  the  treasurer’s 
bond  be  fixed  at  a  less  sum  than  the  amount  of  the  estimated 
tax  and  special  assessments  for  the  current  year — which  bonds 
shall  be  filed  with  the  clerk  (except  the  bond  of  the  clerk,  which 
shall  be  filed  with  the  treasurer). 

76  Commission,  certificate,  delivery  to  successors.] 
§  5.  All  officers  elected  or  appointed  under  this  act  (except  the 
clerk,  aldermen  and  mayor,  and  trustees,)  shall  be  commissioned 
by  warrant,  under  the  corporate  seal,  signed  by  the  clerk  and  the 
mayor,  or  presiding  officer  of  the  city  council  or  board  of  trustees. 
The  mayor  or  president  of  the  board  of  trustees  shall  issue  a  cer¬ 
tificate  of  appointment  or  election,  under  the  seal  of  the  corpora¬ 
tion,  to  the  clerk  thereof,  and  any  person  having  been  an  officer 
of  the  city  or  village,  shall,  within  five  days  after  notification  and 
request,  deliver  to  his  successor  in  office  all  property,  books,  and 
effects  of  every  description  in  his  possession,  belonging  to  the 
city  or  village,  or  appertaining  to  his  said  office ;  and  upon  his  re¬ 
fusal  to  do  so,  shall  be  liable  for  all  the  damages  caused  thereby, 
and  to  such  penalty  as  may  by  ordinance  be  prescribed. 

77  Qualification  of  officers.]  §  6.  No  person  shall 
be  eligible  to  any  office  who  is  not  a  qualified  elector  of  the  city 
or  village,  and  who  shall  not  have  resided  therein  at  least  one 
year  next  preceding  his  election  or  appointment,  nor  shall  any 


28 


person  be  eligible  to  any  office  who  is  a  defaulter  to  the  corpora¬ 
tion.  [See  “  Officers,”  ch.  102,  §  2,  4. 

78  Not  interested  in  contracts,  etc.]  §  7.  No  offi¬ 
cer  shall  be  directly  or  indirectly  interested  in  any  contract,  work, 
or  business  of  the  city,  or  the  sale  of  any  article,  the  expense, 
price,  or  consideration  of  which  is  paid  from  the  treasury,  or  by 
any  assessment  levied  by  any  act  or  ordinance ;  nor  in  the  pur¬ 
chase  of  any  real  estate  or  other  property  belonging  to  the  cor¬ 
poration,  or  which  shall  be  sold  for  taxes  or  assessments,  or  by 
virtue  of  legal  process  at  the  suit  of  said  corporation.  [See 
“  Officers,”  ch.  102,  §  3,  4. 

79  Bribery — penalty.]  §  8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be 
promised,  offered  or  given,  or  furnish  or  agree  to  furnish,  in  whole 
or  in  part,  to  be  promised,  offered  or  given  to  any  member  of  the 
city  council  or  board  of  trustees,  or  any  officer  of  the  corporation, 
after  or  before  his  election  or  appointment  as  such  officer,  any 
moneys,  goods,  right  in  action,  or  other  property  or  anything  of 
value,  or  any  pecuniary  advantage,  present  or  prospective,  with 
intent  to  influence  his  vote,  opinion,  judgment,  or  action  on  any 
question,  matter,  cause  or  proceeding  which  may  be  then  pending 
or  may  by  law  be  brought  before  him  in  his  official  capacity,  shall 
upon  conviction,  be  imprisoned  in  the  penitentiary  for  a  term  not 
exceeding  two  years,  or  shall  be  fined  not  exceeding  $5,000,  or 
both,  in  the  discretion  of  the  court.  Every  officer  who  shall  ac¬ 
cept  any  such  gift  or  promise,  or  undertaking  to  make  the  same 
under  any  agreement  or  understanding  that  his  vote,  opinion, 
judgment,  or  action  shall  be  influenced  thereby,  or  shall  be  given 
in  any  question,  matter,  cause  or  proceeding  then  pending,  or 
which  may  by  law  be  brought  before  him  in  his  official  capacity, 
shall,  upon  conviction,  be  disqualified  from  holding  any  public 
office,  trust  or  appointment  under  the  city  or  village,  and  shall 
forfeit  his  office,  and  shall  'be  punished  by  imprisonment  in  the 
penitentiary  not  exceeding  two  years,  or  by  a  fine  not  exceeding 
$5,000,  or  both,  in  the  discretion  of  the  court.  Every  person 
offending  against  either  of  the  provisions  of  this  section,  shall  be 
a  competent  witness  against  any  other  person  offending  in  the 
same  transaction,  and  may  be  compelled  to  appear  and  give  evi¬ 
dence  before  any  grand  jury  or  in  any  court  in  the  same  manner 
as  other  persons  ;  but  the  testimony  so  given  shall  not  be  used 
in  any  prosecution  or  proceeding  civil  or  criminal,  against  the  per¬ 
son  so  testifying.  [See  “  Crim.  Code,”  ch.  38,  §  31,  35. 


29 


80  Mayor,  etc.,  not  to  hold  other  office.]  §  9.  No 
mayor,  alderman,  city  clerk  or  treasurer,  shall  hold  any  other  office 
under  the  city  government  during  his  term  of  office.  [See  “  offi¬ 
cers,”  ch.  102,  §  2,  4. 

81  Duties  OF  clerk.]  §  10.  The  clerk  shall  keep  the  cor¬ 
porate  seal,  to  be  provided  under  the  direction  of  the  city  council 
or  board  of  trustees,  and  all  papers  belonging  to  the  city  or  vil¬ 
lage  ;  he  shall  attend  all  meetings  of  the  city  council  or  board  of 
trustees,  and  keep  a  full  record  of  its  proceedings  in  the  journal ; 
and  copies  of  all  papers  duly  filed  in  his  office,  and  transcripts 
from  the  journals  and  other  records  and  files  of  his  office,  certified 
by  him  under  the  corporate  seal,  shall  be  evidence  in  all  courts  in 
like  manner  as  if  the  originals  were  produced. 

82  Record  OF  ordinances.]  §  11.  The  clerk  shall  record, 
in  a  book  to  be  kept  for  that  purpose,  all  ordinances  passed  by 
the  city  council  or  board  of  trustees,  and  at  the  foot  of  the  record 
of  each  ordinance  so  recorded  shall  make  a  memorandum  of  the 
date  of  the  passage  and  of  the  publication  or  posting  of  such 
ordinance,  which  record  and  memorandum,  or  a  certified  copy 
thereof,  shall  be  prima  facie  evidence  of  the  passage  and  legal 
publication  or  posting  of  such  ordinances  for  all  purposes  what¬ 
soever. 

83  Conservators  of  the  peace — powers.]  §  12.  The  trus¬ 
tees  in  villages,  the  mayor,  aldermen,  and  the  marshal  and  his 
deputies,  policemen  and  watchmen,  in  cities  if  any  such  be  ap¬ 
pointed,  shall  be  conservators  of  the  peace  :  and  all  officers  cre¬ 
ated  conservators  of  the  peace  by  this  act,  or  authorized  by  any 
ordinance,  shall  have  power  to  arrest,  or  cause  to  be  arrested, 
with  or  without  processed  persons  who  shall  break  the  peace,  or 
be  found  violating  ordinance  of  the  city  or  village,  or  any  crimi¬ 
nal  law  of  the  State,  commit  for  examination,  and  if  necessary, 
detain  such  persons  in  custody  over  night  or  Sunday  in  the 
watch-house,  or  any  other  safe  place,  or  until  they  can  be 
brought  bsfore  the  proper  magistrate,  and  shall  have  and  exer¬ 
cise  such  other  powers,  as  conservators  of  the  peace,  as  the  city 
council  or  board  of  trustees  may  prescribe.  [See  §  21. 

84  Compensation  of  mayor.]  §  13.  The  mayor  of  any 
city  shall  receive  such  compensation  as  the  city  council  may  by 
ordinance  direct,  but  his  compensation  shall  not  be  changed 
during  his  term  of  office.  [See  §  237. 


85  Compensation  of  aldermen  and  trustees.  §  14.  The 
aldermen  and  trustees  may  receive  such  compensation  for  their 
services  as  shall  be  fixed  by  ordinance  :  Provided ,  however ,  such 
compensation  shall  not  exceed  $3  to  each  alderman  or  trustee 
for  each  meeting  of  the  city  council,  or  board  of  trustees,  act¬ 
ually  attended  by  him,  and  no  other  compensation  than  for  at¬ 
tendance  upon  such  meetings  shall  be  allowed  to  any  alderman 
or  trustee  for  any  services  whatsoever.  Such  compensation  shall 
not  be  changed,  after  it  has  been  once  established,  so  as  to  take 
effect  as  to  any  alderman  or  trustee  voting  for  such  change, 
during  his  term  of  office.  [See  §  237. 

86  Compensation  of  other  officers.]  §  15.  All  other 
officers  may  receive  a  salary,  fees,  or  other  compensation  to  be 
fixed  by  ordinance,  and  after  the  same  has  been  once  fixed,  such 
fees  or  compensation  shall  not  be  increased  or  diminished,  to 
take  effect  during  the  term  for  which  any  such  officer  shall  make 
and  return  to  the  mayor,  or  president  of  the  board  of  trustees,  a 
semi-annual  report,  verified  by  affidavit,  of  all  such  fees,  and 
emoluments  received  by  him.  [See  “Fees  and  Salaries,”  ch. 
53,  §  38. 

87  Administering  oaths.]  §  16.  The  mayor  of  any  city, 
and  the  clerk  of  any  city  or  village,  shall  have  power  to  admin¬ 
ister  oaths  and  affirmations  upon  all  lawful  occasions. 

ARTICLE  VII. 

OF  FINANCE. 

88  Fiscal  year.]  §  1.  The  fiscal  year  of  each  city  or 
village  organized  under  this  act  shall  commence  at  the  date 
established  by  law  for  the  annual  election  of  municipal  officers 
therein,  or  at  such  other  times  as  may  be  fixed  by  ordinance. 

89  Annual  Appropriation  ordinance]  §  2.  The  city 
council  of  cities,  and  board  of  trustees  in  villages,  shall,  within 
the  first  quarter  of  each  fiscal  year,  pass  an  ordinance  to  be 
termed  the  annual  appropriation  bill,  in  which  such  corporate 
authorities  may  appropriate  such  sum  or  sums  of  moneyas  may 
be  deemed  necessary  to  defray  all  necessary  expenses  and  lia 
bilities  of  such  corporation ;  and  in  such  ordinance  shall  specify 
the  objects  and  purposes  for  which  said  appropriations  are  made 
and  the  amount  appropriated  for  each  object  or  purpose.  No 
further  appropriations  shall  be  made  at  any  other  time  within 


31 


such  fiscal  year,  unless  the  proposition  to  make  each  approp¬ 
riation  has  been  first  sanctioned  by  a  majority  of  the  legal  voters 
of  such  city  or  village,  either  by  a  petition  signed  by  them,  or 
at  a  general  or  special  election  duly  called  therefor.  [See  §  245 
253. 

90  Limitation — emergency — borrowing  money.]  §  3. 
Neither  the  city  council  nor  the  board  of  trustees,  nor  any  de¬ 
partment  or  officer  of  the  corporation,  shall  add  to  the  corpor¬ 
ation  expenditures  in  any  one  year  any  thing  over  and  above 
the  amount  provided  for  in  the  annual  appropriation  bill  of  that 
year,  except  as  is  herein  otherwise  specially  provided;  and  no  ex¬ 
penditure  for  an  improvement  to  be  paid  for  out  of  the  general 
fund  of  the  corporation  shall  exceed,  in  any  one  year,  the  amount 
provided  for  such  improvement  in  the  annual  appropriation  bill : 
Provided ,  however ,  that  nothing  herein  contained  shall  prevent 
the  city  council  or  board  of  trustees  from  ordering,  by  a  two- 
thirds  vote,  any  improvement,  the  necessity  of  which  is  caused 
by  any  casualty  or  accident  happening  after  such  annual  approp¬ 
riation  is  made.  The  city  council  or  board  of  trustees  may,  by 
a  like  vote,  order  the  mayor,  president  of  the  board  of  trustees 
and  finance  committee  to  borrow  a  sufficient  amount  to  provide 
for  the  expense  necessary  to  be  incurred  in  making  any  im  - 
provements,  the  necessity  of  which  has  arisen  as  is  last  above 
mentioned,  for  a  space  of  time  not  exceeding  the  close  of  the 
next  fiscal  year — which  sum,  and  the  interest,  shall  be  added  to 
the  amount  authorized  to  be  raised  in  the  next  general  tax  levy, 
and  embraced  therein.  Should  any  judgment  be  obtained 
against  the  corporation,  the  mayor,  or  president  of  the  board  of 
trustees  and  finance  committee,  under  the  sanction  of  the  city 
council  or  board  of  trustees,  may  borrow  a  sufficient  amount  to 
pay  the  same,  for  a  space  of  time  not  exceeding  the  close  of  the 
next  fiscal  year — which  sum  and  interest  shall,  in  like  manner 
be  added  to  the  amount  authorized  to  be  raised  in  the  genera} 
tax  levy  of  the  next  year,  and  embraced  therein.  [See  §  245. 

91  Contracting  liabilities  limited.]  §  4.  No  contract 
shall  be  hereafter  made  by  the  city  council  or  board  of  trustees, 
or  any  committee  or  member  thereof ;  and  no  expense  shall  be 
incurred  by  any  of  the  officers  or  departments  of  the  corpor¬ 
ation,  whether  the  object  or  the  expenditure  shall  have  been 
ordered  by  the  city  council  or  board  of  trustees  or  not,  unless 
an  appropriation  shall  have  been  previously  made  concerning 
such  expense,  except  as  herein  otherwise  expressly  provided. 
[See  Crim  Code.  ch.  38,  §  208. 


32 


92  Duties  of  treasurer]  §  5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his 
books  and  accounts  in  such  manner  as  may  be  prescribed  by 
ordinance,  and  such  books  and  accounts  shall  always  be  subject 
to  the  inspection  of  any  member  of  the  city  council  or  board  of 
trustees. 

93  Separate  accounts.]  §  0.  He  shall  keep  a  separate 
account  of  each  fund  or  appropriation,  and  the  debts  and  credits 
belonging  thereto. 

94  Receipts.]  §  7.  He  shall  give  every  person  paying 
money  into  the  treasury  a  receipt  therefor,  specifying  the  date 
of  payment,  and  upon  what  account  paid;  and  he  shall  also  file 
copies  of  such  receipts  with  the  clerk,  at  the  date  of  his  monthly 
reports. 


95  Monthly  statements — warranty — vouchers — regis¬ 
ter.]  §  8.  The  treasurer  shall,  at  the  end  of  each  and  every 
month;  and  oftener  if  required,  render  an  account  to  the  city 
council  or  board  of  trustees,  or  such  officer  as  may  be  desig¬ 
nated  by  ordinance  (under  oath)  showing  the  state  of  the  treas¬ 
ury  at  the  date  of  such  account,  and  the  balance  of  money  in 
the  treasury  He  shall  also  accompany  such  accounts  with  a 
statement  of  all  moneys  received  into  the  treasury,  and  on  what 
account,  together  with  all  warrants  redeemed  and  paid  by  him; 
which  said  warrants,  with  any  and  all  vouchers  held  by  him, 
shall  be  delivered  to  the  clerk,  and  filed  with  his  said  account  in 
the  clerk’s  office,  upon  every  day  of  such  settlement.  He  shall 
return  all  warrants  paid  by  him  stamped  or  marked  “  paid.” 
He  shall  keep  a  register  of  all  warrants  reedeemed  and  paid, 
which  shall  describe  such  warrants,  and  show  the  date,  amount, 
number,  the  fund  from  which  paid,  the  name  of  the  person  to 
whom  and  when  paid. 

90  Deposit  of  funds — separate  from  his.]  §  9.  The 
treasurer  may  be  required  to  keep  all  moneys  in  his  hands,  be¬ 
longing  to  the  corporation,  in  such  place  or  places  of  deposit 
as  may  be  designated  by  ordinance :  Provided ,  however ,  no  such 
ordinance  shall  be  passed  by  which  the  custody  of  such  money 
shall  be  taken  from  the  treasurer  and  deposited  elsewhere  than 
in  some  regularly  organized  bank,  not  without  a  bond  to  be 
taken  from  such  bank,  in  such  penal  sum  and  with  such 
security  as  the  city  council  or  board  of  trustees  shall  direct  and 
approve,  sufficient  to  save  the  corporation  from  any  loss  ;  but 


33 


such  penal  sum  shall  not  be  less  than  the  estimated  receipts  for 
the  current  year  from  taxes  and  special  assessments  levied,  or  to 
be  levied,  by  the  corporation.  The  treasurer  shall  keep  all 
moneys  belonging  to  the  corporation  in  his  hands  separate  and 
distinct  from  his  own  moneys,  and  he  is  hereby  expressly  pro¬ 
hibited  from  using  either  directly  or  indirectly,  the  corporation 
money  or  warrants  in  his  custody  and  keeping,  for  his  own  use 
and  benefit,  or  that  of  any  other  person  or  persons  whomsoever, 
and  any  violation  of  this  provision  shall  subject  him  to  imme¬ 
diate  removal  from  office  by  the  city  council  or  board  of  trustees, 
who  are  hereby  authorized  to  declare  said  office  vacant ;  and  in 
which  case  his  successor  shall  be  appointed,  who  shall  hold  his 
office  for  the  remainder  of  the  term  unexpired  of  such  officer  so 
removed.  [See  “  Crim.  Code,”  ch.  38,  §  80,81. 

97  Treasurers  annual  report — publication.]  §  10.  The 
treasurer  shall  report  to  the  city  council  or  board  of  trustees,  as 
often  as  required,  a  full  and  detailed  account  of  all  receipts  and 
expenditures  of  the  corporation,  as  shown  by  his  books,  up  to 
the  time  of  said  report;  and  he  shall  annually,  between  the  first 
and  tenth  of  April,  make  out  and  file  with  the  clerk  a  full  and 
detailed  account  of  all  such  receipts  and  expenditures,  and  of 
all  his  transactions,  as  such  treasurer,  during  the  preceding  fiscal 
year  and  shall  show  in  such  account  the  state  of  the  treasury  at 
the  close  of  the  fiscal  year ;  which  account  the  clerk  shall 
immediately  cause  to  be  published  in  a  newspaper  printed  in 
such  city,  if  there  be  one,  and  if  not,  then  by  posting  the  same 
in  a  public  place  in  the  clerk’s  office. 

98  Warrants.]  §  11.  All  warrants  drawn  upon  the  treas¬ 
urer  must  be  signed  by  the  mayor  and  countersigned  by  the 
clerk,  stating  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable  ;  and  no 
money  shall  be  otherwise  paid  than  upon  such  warrants  so 
drawn,  except  as  hereinafter  provided. 

99  Special  assessment  funds  kept  separate.]  §  12.  All 

moneys  received  on  any  special  assessment  shall  be  held  by  the 
treasurer  as  a  special  fund  to  be  applied  to  the  payment  of  the 
improvement  for  which  the  assessment  was  made,  and  said 
money  shall  be  used  for  no  other  purpose  whatever,  unless  to 
reimburse  such  corporation  for  money  expended  for  such 
improvement.  3 


34 


CITY  COLLECTOR. 

1<>(>  His  duties.]  §  13.  It  shall  be  the  duty  of  the  col¬ 
lector,  when  one  is  appointed,  to  preserve  all  warrants  which 
are  returned  into  his  hands,  and  he  shall  keep  such  books  and 
his  accounts  in  such  manner  as  the  city  council  may  prescribe. 
Such  warrants,  books,  and  all  papers  pertaining  to  his  office 
shall  at  all  times  be  open  to  the  inspection  of,  and  subject  to  the 
examination  of  the  mayor,  city  clerk,  any  member  of  the  coun¬ 
cil,  or  committee  thereof.  He  shall  weekly,  and  oftener,  if  re¬ 
quired  by  the  council,  pay  over  to  the  treasurer  all  moneys 
collected  by  him  from  any  source  whatever,  taking  such  treas¬ 
urer’s  receipt  therefor,  which  receipt  he  shall  immediately  file 
with  the  city  clerk ;  but  the  city  clerk  shall,  at  the  time,  or  on 
demand,  give  such  tax  collector  a  copy  of  any  such  receipts  so 
filed. 

lOl  He  shall  report,  etc., — publication.]  §  14.  He 
shall  make  a  report,  in  writing,  to  the  council,  or  any 
officer  designated  by  the  council,  of  all  moneys  collected  by  him 
the  account  whereon  collected,  or  of  any  other  matter  in  con¬ 
nection  with  his  office,  when  required  by  the  council  or  by  any 
ordinance  of  the  city.  He  shall  also,  annually,  between  the  1st 
and  10th  of  April,  file  with  the  clerk  a  statement  of  all  the 
moneys  collected  by  him  during  the  year,  the  particular  warrant, 
special  assessment,  or  account  on  which  collected,  the  balance 
of  moneys  uncollected  on  all  warrants  in  his  hands,  and  the 
balance  remaining  uncollected  at  the  time  of  the  return  on  all 
warrants  which  he  shall  have  returned,  during  the  preceding 
fiscal  year  to  the  city  clerk.  The  city  clerk  shall  publish  or 
post  the  same,  as  hereinbefore  required  to  be  done  in  regard  to 
the  annual  report  of  the  treasurer.  [See  §  97. 

10£  Not  detain  money — penalty.]  §  15.  The  collector  is 
hereby  expressly  prohibited  from  keeping  the  moneys  of  the 
city  in  his  hands,  or  in  the  hands  of  any  person  or  corporation, 
to  his  use,  beyond  the  time  which  may  be  prescribed  for  the 
payment  of  the  same  to  the  treasurer,  and  any  violation  of  this 
provision  will  subject  him  to  immediate  removal  from  office. 
[See  Crim.  Code.  ch.  28,  §  80,  81. 

103  Examination  of  his  books — paying  over.]  §  16.  All 
the  city  collector’s  papers,  books,  warrants  and  vouchers  may 
be  examined  at  any  time  by  the  mayor  or  clerk,  or  any  member 


35 


of  the  city  council ;  and  the  collector  shall  every  two  weeks  or 
oftener  if  the  city  council  so  direct,  pay  over  all  money  col¬ 
lected  by  him  from  any  person  or  persons,  or  associations,  to 
the  treasurer,  taking  his  receipt  therefor  in  duplicate,  one  of 
which  receipts  he  shall  at  once  file  in  the  office  of  the  clerk. 

CITY  COMPTROLLER. 

104  His  powers  and  duties.]  §  17.  The  city  comptroller 
(if  there  shall  be  any  city  comptroller  appointed,  if  not,  then 
the  clerk)  shall  exercise  a  general  supervision  over  all  the 
officers  of  the  corporation  charged  in  any  manner  with  the  re¬ 
ceipt,  collection  or  disbursement  of  corporation  revenues,  and 
the  collection  and  return  of  all  such  revenues  into  the  treasury. 
He  shall  have  the  charge,  custody,  and  control  of  all  deeds, 
leases,  warrants,  vouchers,  books,  and  papers  of  any  kind,  the 
custody  and  control  of  which  is  not  herein  given  to  any  other 
officers  ;  and  he  shall,  on  or  before  the  15th  day  of  May, 
in  each  year,  and  before  the  annual  appropriations  to  be  made 
by  the  city  council  or  the  board  of  trustees,  submit  to  the 
city  council  or  board  of  trustees,  a  report  of  his  estimates 
as  nearly  as  may  be,  of  moneys  necessary  to  defray  the  expenses 
the  corporation  during  the  current  fiscal  year.  He  shall,  in  said 
report,  class  the  different  objects  and  branches  of  expenditures, 
giving,  as  nearly  as  may  be,  the  amount  required  for  each ;  and 
for  the  purpose  of  making  such  report,  he  is  authorized  to 
require  of  all  officers  their  statements  of  the  condition  and  ex¬ 
penses  of  their  respective  offices  or  departments,  with  any  pro¬ 
posed  improvements  and  the  probable  expense  thereof,  all  con¬ 
tracts  made  and  unfinished,  and  the  amount  of  any  and  all  unex¬ 
pended  appropriations  of  the  preceding  year.  He  shall,  in  such 
report,  show  the  aggregate  income  of  the  preceding  fiscal  year 
from  all  sources,  the  amount  of  liabilities  outstanding  upon 
which  interest  is  to  be  paid,  the  bonds  and  debts  payable  during 
the  year,  when  due  and  when  payable;  and  in  such  report  he 
shall  give  such  other  information  to  the  council  or  board  of 
trustees  as  he  may  deem  necessary,  to  the  end  that  the  city 
council  or  board  of  trustees  may  fully  understand  the  money 
exigencies  and  demands  upon  ihe  corporation  for  the  current 
year. 

105  Council  may  define  the  duties — transfer  of  clerk’s 
financial  duties.]  §  18.  When  there  shall  be  appointed  in 
any  city  a  comptroller,  the  city  council  may,  by  ordinance  or 


36 


resolution,  confer  upon  him  such  powers,  and  provide  for  the 
performance  of  such  duties  by  him,  as  the  city  council  shall 
deem  necessary  and  proper;  and  all  the  provisions  of  this  act 
relating  to  the  duties  of  city  clerk,  or  the  powers  of  city  clerk 
in  connection  with  the  finances,  the  treasurer  and-  collector,  or 
the  receipt  and  disbursements  of  the  moneys  of  such  city,  shall 
be  exercised  and  performed  by  such  comptroller,  if  one  there 
shall  be  appointed ;  and  to  that  end  and  purpose,  wherever  in 
this  act  heretofore,  the  word  “  clerk,*’  is  used,  it  shall  be  held  to 
mean  “comptroller,”  and  wherever  the  “  clerk’s  office”  is  referred 
to  it  shall  be  held  to  mean  “  comptroller’s  office.” 

106  Record  of  bonds  issued  by  city.]  §  19.  The  comp¬ 
troller,  when  there  shall  be  a  comptroller,  and  if  not,  then  the 
clerk,  shall  keep  in  his  office,  in  a  book  or  books  kept  expressly 
for  that  purpose,  a  correct  list  of  all  the  outstanding  bonds  of 
the  city,  showing  the  number  and  amount  of  each,  for  and  to 
whom  the  said  bonds  are  issued ;  and  when  any  city  bonds  are 
purchased,  or  paid,  or  canceled,  said  book  or  books  shall  show 
the  fact ;  and  in  his  aunual  report  he  shall  describe,  particularly, 
the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with  each 
and  every  item  of  expense  thereof. 

GENERAL  PROVISIONS. 

107  Further  duties  may  be  required.]  §  20.  The  col¬ 
lector  and  treasurer,  and  all  other  officers  connected  with  the 
receipt  and  expenditure  of  money,  shall  perform  such  other 
duties,  and  be  subject  to  such  other  rules  and  regulations  as  the 
city  council  or  board  of  trustees  may,  from  time  to  time,  by 
ordinance,  provide  and  establish. 

108  Appeal  to  finance  committee.]  §  21.  In  the  adjust¬ 
ment  of  the  accounts  of  the  collector  or  treasurer  with  the  clerk 
(or  comptroller  if  there  shall  be  one),  there  shall  be  an  appeal 
to  the  finance  committee  of  the  council  or  board  of  trustees, 
whose  decision  in  all  matters  of  controversy  arising  between 
said  officers  shall  be  binding,  unless  the  city  council  or  board  of 
trustees  shall  otherwise  direct  and  provide. 

109  Who  may  appoint  subordinates.]  §  22.  The  comp¬ 
troller,  (if  there  shall  be  one),  the  clerk,  treasurer,  and  collector, 
shall,  severally,  appoint  such  various  clerks  and  subordinates  in 
their  respective  offices  as  the  city  council  or  board  of  trustees 
may  authorize,  and  shall  be  held,  severally,  responsible  for  the 
fidelity  of  all  persons  so  appointed  by  them. 


37 


HO  Foreign  insurance  companies — licenses,  etc. — pen¬ 
alties.]  §  23.  All  corporations,  companies,  or  associations 
not  incorporated  under  the  laws  of  this  State,  engaged  in  any 
city  in  effecting  fire  insurance,  shall  pay  to  the  treasurer  the  sum 
of  $2  upon  the  $ioo  of  the  net  receipts  by  their  agency  in  such 
city,  and  at  that  rate  upon  the  amount  of  all  premiums  which, 
during  the  half  year  ending  on  every  1st  day  of  July  and  Janu¬ 
ary,  shall  have  been  received  for  any  insurance  effected  or 
agreed  to  be  effected  in  the  city  or  village,  by  or  with  such  cor¬ 
porations,  companies,  or  associations,  respectively.  Every  per¬ 
son  who  shall  act  in  any  city  or  village  as  agent,  or  otherwise, 
for  or  on  behalf  of  any  such  corporation,  company  or  associa¬ 
tion,  shall,  on  or  before  the  15th  day  of  July  and  January,  in 
each  year,  render  to  the  comptroller  (if  any  there  be,  if  not,  to 
the  clerk)  a  full,  true,  and  just  account,  verified  by  his  oath,  of 
all  premiums  which,  during  the  half  year  ending  on  every  first 
day  of  July  and  January  preceding  such  report,  shall  have  been 
received  by  him,  or  any  other  person  for  him,  in  behalf  of  any 
such  corporation,  company,  or  association,  and  shall  specify  in 
said  account  the  amounts  received  for  fire  insurance.  Such 
agents  shall  also  pay  over  to  the  treasurer,  at  the  time  of  ren¬ 
dering  the  aforesaid  account,  the  amount  of  rates  for  which  the 
company  of  companies  represented  by  them  are  severaly  charge¬ 
able  by  virtue  hereof.  If  such  account  be  not  rendered  on  or 
before  the  day  hereinbefore  designated  for  that  purpose,  or  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  unlawful  for 
any  corporation,  company,  or  association,  so  in  default  to  transact 
any  business  of  insurance  in  any  such  city  or  village,  until  the  said 
requisitions  shall  have  been  fully  complied  with ;  but  this  provision 
shall  not  relieve  any  company  from  the  payment  of  any  risk 
that  may  be  taken  in  violation  hereof.  Any  person  or  persons 
violating  any  of  the  provisions  of  this  section  shall  be  subject  to 
indictment,  and  upon  conviction  thereof,  in  any  court  of  compe¬ 
tent  jurisdiction,  shall  be  fined  in  any  sum  not  exceeding  $1,000, 
or  imprisoned  not  exceeding  six  months,  or  both,  in  the  discre¬ 
tion  of  the  court.  Said  rates  may  also  be  recovered  of  such  cor¬ 
poration,  company  or  association,  or  its  agent,  by  action  in  the 
name  and  for  the  use  of  any  such  city  or  village  as  for  money 
had  and  received  for  its  use :  Provided ,  that  this  section  shall 
only  apply  to  such  cities  and  villages  as  have  an  organized  fire 
department,  or  maintain  some  organization  for  the  prevention  of 
fires.  [See  “Insurance,”  ch.73,  §  30. 


38 


ARTICLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

111  Ordinances  levying  tax.]  §1.  The  city  council  in 
cities,  and  board  of  trustees  in  villages,  may  assess  and  collect 
taxes  for  corporate  purposes,  in  the  following  manner :  The  city 
council  or  board  of  trustees,  as  the  case  may  be,  shall  on  or  be¬ 
fore  the  second  Tuesday  in  September  (August),  in  each  year, 
ascertain  the  total  amount  of  appropriations  for  all  corporate 
purposes,  legally  made,  and  to  be  collected  from  the  tax  levy  of 
that  fiscal  year,  and  by  ordinance  levy  and  assess  such  amount, 
so  ascertained,  upon  the  real  and  personal  property  within  the 
city  or  village  subject  to  taxation,  as  the  same  is  assessed  for 
state  and  county  purposes  for  the  current  year.  A  certified 
copy  of  such  ordinance  shall  be  filed  with  the  county  clerk  of 
the  proper  county,  whose  duty  it  shall  be  to  ascertain  the  rate 
per  cent,  which  upon  the  total  valuation  of  all  property  subject 
to  taxation  within  the  city  or  village,  as  the  same  is  assessed 
and  equalized  for  state  and  county  purposes,  will  produce  a  net 
amount  not  less  than  the  amount  so  directed  to  be  levied  and 
assessed ;  and  it  shall  be  the  duty  of  the  county  clerk  to  extend 
such  tax,  in  a  separate  column,  upon  the  book  or  books  of  the 
collector  or  collectors  of  the  state  and  county  taxes  within  such 
city  or  village.  [See  §  114  “  Revenue,”  ch.  120,  §  122. 

112  Manner  of  collecting.]  §  2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by  the 
same  officers  as  State  and  county  taxes,  and  shall  be  paid  over 
by  the  officers  collecting  the  same,  to  the  treasurer  of  the  city 
or  village. 

113  Time  for  paying  over.]  §  3.  It  shall  be  the  duty  of 
the  officer  collecting  such  tax  to  settle  with  and  pay  over  to 
such  treasurer,  as  often  as  once  in  two  weeks  from  the  time  he 
shall  commence  the  collection  thereof,  all  such  taxes  as  he  shall 
then  have  collected,  till  the  whole  tax  collected  shall  be  paid 
over.  [See  “  Revenue,”  ch.  120,  §  138,  164, 167,  243,  244. 

114  When  tax  levied  for  particular  purpose.]  §  4. 
Whenever  any  city  or  village  is  required  to  levy  a  tax  for  the 
payment  of  any  particular  debt,  appropriation,  or  liability  of  the 
same,  the  tax  for  such  purpose  shall  be  included  in  the  total 
amount  assessed  by  the  city  council  or  board  of  trustees,  and 
certified  to  the  county  clerk  as  aforesaid ;  but  the  city  council 


or  board  of  trustees  shall  determine,  in  the  ordinance  making 
such  assessment,  what  proportion  of  such  total  amount  shall  be 
applicable  to  the  payment  of  such  particular  debt,  appropriation 
or  liability;  and  the  city  or  village  treasurer  shall  set  apart  such 
proportion  of  the  tax  collected  and  paid  to  him  forthe  payment  of 
such  particular  debt,  appropriation,  or  liability,  and  shall  not  dis¬ 
burse  the  same  for  any  other  purpose  until  such  debt,  appropri¬ 
ation,  or  liability  shall  have  been  discharged. 

115  Uniformity.]  §  5.  All  taxes  levied  or  assessed  by  any 
city  or  village,  except  special  assessments  for  local  improve¬ 
ments,  shall  be  uniform  upon  all  taxable  property  and  persons 
within  the  limits  of  the  city,  and  no  property  shall  be  exempt 
therefrom  other  than  such  property  as  maybe  exempt  from  tax¬ 
ation  under  the  Constitution  and  general  laws  of  the  state. 
[See  Const.,  art.  9,  §  9. 


ARTICLE  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

116  Powers  conferred.  §  1.  That  the  corporate  authori¬ 
ties  of  cities  and  villages  are  hereby  vested  with  power  to  make 
local  improvements  by  special  assessment  or  by  special  taxa¬ 
tion,  or  both,  of  contiguous  property,  or  general  taxation,  or 
otherwise,  as  they  shall  by  ordinance  prescribe.  [See  Const., 
art.  9,  §  9 ;  “  Plats,”  ch.  109,  §  1-10. 

117  Ordinance  for  improvement.  §  2.  When  any  such 
city  or  village  shall,  by  ordinance,  provide  for  the  making  of 
any  local  improvement,  it  shall,  by  the  same  ordinance,  prescribe 
whether  the  same  shall  be  made  by  special  assessment  or  by 
special  taxation  of  contiguous  property,  or  general  taxation,  or 
both. 

118  When  property  is  taken,  etc.]  §  3.  Should  said  or¬ 
dinance  provide  for  improvements  which  require  the  taking  or 
damaging  of  property,  the  proceeding  for  making  just  compen¬ 
sation  therefor  shall  be  as  follows : 

119  Petition.]  §  4.  Whenever  any  such  ordinance  shall 
be  passed  by  the  legislative  authority  of  any  such  city  or  village, 
for  the  making  of  any  improvement  mentioned  in  the  first  sec¬ 
tion  of  this  act,  or  any  other  local  improvement  that  such  city 
or  village  is  authorized  to  make,  the  making  of  which  will  re¬ 
quire  that  private  property  be  taken  or  damaged  for  public  use, 


40 


such  city  or  village  shall  file  a  petition  in  some  court  of  record 
of  the  county  in  which  such  city  is  situated,  in  the  name  of  the 
city,  praying  that  “the  just  compensation  to  be  made  for  private 
property  to  be  taken  or  damaged  for  the  improvement  or  pur¬ 
pose  specified  in  such  ordinance  shall  be  ascertained  by  a  jury.” 
[See  Const.,  art.  2,  §  13. 

120  Form  of  petition.]  §  5.  Such  petition  shall  contain  a 
copy  of  the  said  ordinance,  certified  by  the  clerk  under  the  cor¬ 
porate  seal ;  a  reasonably  accurate  description  of  the  lots,  parcels 
of  land,  and  property  which  will  be  taken  or  damaged,  and  the 
names  of  the  owners  and  occupants  thereof,  so  far  as  known  to 
the  board  or  officer  filing  the  petition,  and  where  any  known 
owners  are  non-residents  of  the  state,  stating  the  fact  of  such 
non-residence. 

121  Summons — publication — notice.]  §  6.  Upon  the  filing 
of  the  petition  aforesaid,  a  summons  which  maybe  made  return¬ 
able  upon  any  day  in  term  time,  shall  be  issued  and  served  upon 
the  persons  made  parties  defendant,  as  in  cases  in  chancery. 
And  in  case  any  of  them  are  unknown,  or  reside  out  of  this 
state,  the  clerk  of  the  court,  upon  an  affidavit  being  filed  show¬ 
ing  such  fact,  shall  cause  publication  to  be  made  in  some 
newspaper  printed  in  his  county,  or,  if  there  be  no  newspaper 
published  in  his  county,  then  in  some  newspaper  published  in  this 
state,  containing  notice  of  the  pendency  of  such  proceeding,  the 
parties  thereto,  the  title  of  the  court,  and  the  time  and  place  of 
the  return  of  the  summons  in  the  case,  and  the  nature  of  said 
proceeding  ;  such  publication  to  be  made  for  four  weeks  con¬ 
secutively,  at  least  once  in  each  week,  the  first  of  which  shall 
be  at  least  thirty  days  before  the  return  day  of  such  summons. 
Notices  so  given  by  publication  shall  be  sufficient  to  authorize 
the  court  to  hear  and  determine  the  suit,  as  though  all  parties 
had  been  sued  by  their  proper  names  and  had  been  personally 
served.  [As  amended  by  act  approved  and  in  force  March  30, 
1874. 

122  Hearing — jury.]  §  7.  Upon  the  return  of  said  sum¬ 
mons,  or  as  soon  thereafter  as  the  business  of  the  court  will  per¬ 
mit,  the  said  court  shall  proceed  to  the  hearing  of  such  petition, 
and  shall  impanel  a  jury  to  ascertain  the  just  compensation  to 
be  paid  to  all  such  owners  and  occupants  aforesaid;  but  if  any 
defendant  or  party  in  interest  shall  demand,  or  the  court  shall 
deem  it  proper,  separate  juries  may  be  impaneled  as  to  the  com- 


41 


v 


pensation  or  damages  to  .be  paid  to  any  one  or  more  of  such 
defendants  or  parties  in  interest.  [As  amended  by  act  approved 
and  in  force  March  30,  1874. 

123  Jury  to  ascertain  compensation — admitting  other 
parties.]  §  8.  Such  jury  shall  also  ascertain  the  just  compensa¬ 
tion  to  be  paid  to  any  person  claiming  an  interest  in  any  lot, 
parcel  of  land,  or  property  which  may  be  taken  or  damaged  by 
such  improvement,  whether  or  not  such  persons  name,  or  such 
lot,  parcel  of  land,  or  other  property,  is  mentioned  or  described 
in  such  petition ;  Provided,  such  person  shall  first  be  admitted  as 
a  party  defendant  to  said  suit  by  such  court,  and  shall  file  a 
statement  of  his  interest  in  and  description  of  the  lot,  parcel  of 
land,  or  other  property  in  respect  to  which  he  claims  compensa¬ 
tion. 

124  Viewing  premises — ownership,  etc.]  §  9.  The  court 
may,  upon  tbe  motion  of  such  city  or  village,  or  of  any  person 
claiming  any  such  compensation,  direct  that  said  jury  (under 
the  charge  of  an  officer  of  the  court)  shall  view  the  premises 
which  it  is  claimed  by  any  party  to  said  proceeding  will  be  taken 
or  damaged  by  said  improvement,  and  in  any  case,  where  there 
is  no  satisfactory  evidence  given  to  the  jury  as  to  the  ownership 
of,  or  as  to  the  extent  of  the  interest  of  any  defendant  in  the 
property  to  be  taken  or  damaged,  the  jury  may  return  their  ver¬ 
dict  as  to  the  compensation  or  damage  to  be  paid  for  the  proper¬ 
ty  or  part  of  property  to  be  taken  or  damaged,  and  for  the  entire 
interests  therein.  [As  amended  by  act  approved  and  in  force 
March  30,  1874. 

125  Judgment — new  parties — further  proceedings  ]  §  10. 
Upon  the  return  of  such  verdict,  the  court  shall  order  the  same 
to  be  recorded,  and  shall  enter  such  judgment  or  decree  thereon 
as  the  nature  of  the  case  may  require.  The  court  shall  continue 
or  adjourn  the  cause,  from  time  to  time  as  to  all  occupants  and 
owners  named  in  such  petition  who  shall  not  have  been  served 
with  process,  or  brought  in  by  publication,  and  shall  order  a  new 
summons  to  issue  and  new  publication  to  be  made;  and  up¬ 
on  such  occupants  or  owners  being  brought  into  court,  shall 
impanel  a  jury  to  ascertain  the  compensation  so  to  be  paid  to 
such  defendant  or  defendants,  for  private  property  taken  or  dam¬ 
aged  ;  and  like  proceedings  shall  be  had  for  such  purpose  as 
hereinbefore  provided  for  the  ascertaining  of  compensation  to 
other  owners. 


42 


126  Powers  of  court.]  §  11.  The  court  shall  have  power, 
at  any  time,  upon  proof  that  any  such  owner  or  owners  named 
in  such  petition,  who  has  not  been  served  with  process,  has 
ceased  to  be  such  owner  or  owners  since  the  filing  of  such  peti¬ 
tion,  to  impanel  a  jury  and  ascertain  the  just  compensation  to  be 
made  for  the  property  (or  the  damage  thereto)  which  had  been 
owned  by  the  person  or  persons  so  ceasing  to  own  the  same  ; 
and  the  court  may,  upon  any  finding  or  findings  of  any  jury  or 
juries,  or  at  any  time  during  the  course  of  such  proceedings, 
enter  such  order,  rule,  judgment,  or  decree,  as  the  nature  of  the 
case  may  require. 

127  Ownership — further  powers  of  court,]  §12.  No 
delay  in  making  an  assessment  of  compensation  shall  be  occa¬ 
sioned  by  any  doubt  or  contest  which  may  arise  as  to  the  own¬ 
ership  of  the  property,  or  any  part  thereof,  or  as  to  the  interests 
of  the  respective  owners  or  claimants,  but  in  such  case  the  court 
may  empanel  a  jury  and  ascertain  the  entire  compensation  or 
damage  that  should  be  paid  for  the  property,  or  part  of  property, 
and  the  entire  interests  of  all  parties  therein,  and  may  require 
adverse  claimants  to  interplead  so  as  to  fully  determine  their 
rights  and  interests  in  the  compensation  so  ascertained.  And 
the  court  may  make  such  order  as  may  be  necesary  in  regard 
to  the  deposit  or  payment  of  such  compensation. 

128  Persons  under  disability.]  §  13.  When  it  shall  ap¬ 
pear,  from  such  petition  or  otherwise,  at  any  time  during  the 
proceedings  upon  such  petition,  that  any  infant,  or  insane  or  dis¬ 
tracted  person  is  interested  in  any  property  that  is  to  be  taken 
or  damaged,  the  court  shall  appoint  a  guardian  ad  litem ,  for 
such  infant  or  insane  or  distracted  person,  to  appear  and  defend 
for  him,  her,  or  them ;  and  the  court  shall  make  such  order  or 
decree  as  it  shall  deem  proper  to  protect  and  secure  the  interest 
of  such  infant,  or  insane  or  distracted  person,  in  such  property, 
or  the  compensation  which  shall  be  awarded  therefor. 

129  Judgment — effect — appeal,  etc.]  §  14.  Any  final 
judgment  or  judgments,  rendered  by  said  court,  upon  finding  or 
findings,  of  any  jury  or  juries,  shall  be  a  lawful  and  sufficient 
condemnation  of  the  land  or  property  to  be  taken  upon  the  pay¬ 
ment  of  the  amount  of  such  finding  as  hereinafter  provided.  It 
shall  be  final  and  conclusive  as  to  the  damages  caused  by  such 
improvement,  unless  such  judgment  or  judgments  shall  be  ap¬ 
pealed  from ;  but  no  appeal  or  writ  of  error  upon  the  same  shall 
delay  proceedings  under  said  ordinance,  if  such  city  or  village 


43 


shall  deposit,  as  directed  by  the  court,  the  amount  of  the  judg¬ 
ment  and  costs,  and  shall  file  a  bond  in  the  court  in  which  such 
judgment  was  rendered,  in  a  sum  to  be  fixed  and  with  security 
to  be  approved  by  the  judge  of  said  court,  which  shall  secure 
the  payment  of  any  future  compensation  which  may  at  any  time 
be  finally  awarded  to  such  party  so  appealing  or  suing  out  such 
writ  of  error,  and  his  or  her  costs. 

130  Order  for  possession.]  §  15.  The  court,  upon  proof 
that  said  just  compensation  so  found  by  the  jury  has  been  paid 
to  the  person  entitled  thereto,  or  has  been  deposited  as  directed 
by  the  court  (and  bond  given,  in  case  of  any  appeal  or  writ  of 
error),  shall  enter  an  order  that  the  city  or  village  shall  have  the 
right,  at  any  time  thereafter,  to  take  possession  of  or  damage 
the  property,  in  respect  to  which  such  compensation  shall  have 
been  so  paid  or  deposited,  as  aforesaid. 

131  When  improvement  made  by  general  tax.]  §  16. 
When  the  ordinance  under  which  said  improvement  is  ordered 
to  be  made  shall  provide  that  such  improvement  shall  be  made 
by  general  taxation,  the  cost  of  such  improvement  shall  be 
added  to  the  general  appropriation  bill  of  such  city  or  village, 
and  shall  be  levied  and  collected  with  and  as  a  part  of  the  gen¬ 
eral  taxes  of  such  city  or  village. 

132  Special  taxation.]  §  IT.  When  said  ordinance  under 
which  said  local  improvement  shall  be  ordered  shall  provide 
that  such  improvement  shall  be  made  by  special  taxation  of  con¬ 
tiguous  property,  the  same  shall  be  levied,  assessed,  and  col¬ 
lected  in  the  way  provided  in  the  sections  of  this  act  providing 
for  the  mode  of  making,  levying,  assessing  and  collecting  special 
assessments. 


SPECIAL  ASSESSMENT. 

133  How  made.]  §  18.  When  the  ordinance  under  which 
said  local  improvement  is  ordered  to  be  made  shall  provide  that 
such  improvement  shall  be  wholly  or  in  part  made  by  special 
assessment,  the  proceeding  for  the  making  such  special  as¬ 
sessment  shall  be  in  accordance  with  the  sections  of  this  act  [ar¬ 
ticle]  from  18  to  51,  inclusive. 

134  Ordinance  for  sidewalks — owners  rights.]  §  19. 
Whenever  such  local  improvements  are  to  be  made  wholly  or 
in  part  by  special  assessment,  the  said  council  in  cities,  or  board 


44 


of  trustees  in  villages,  shall  pass  an  ordinance  to  that  effect, 
specifying  therein  the  nature,  character,  locality,  and  description 
of  such  improvement ;  Provided ,  that  whenever  any  such  ordi¬ 
nance  shall  provide  only  for  the  building  or  renewing  of  any 
sidewalk,  the  owner  of  any  lot  or  piece  of  land  fronting  on  such 
sidewalk  shall  be  allowed  fifteen  days  after  the  time  at  which 
such  ordinance  shall  take  effect  in  which  to  build  or  renew  such 
sidewalk  opposite  his  land,  and  thereby  relieve  the  same  from  as¬ 
sessment  ;  Provided ,  that  the  work  so  to  be  done  shall  in  all  re¬ 
spects  conform  to  the  requirements  of  such  ordinance. 

135  Estimate  of  cost.]  §  20.  The  city  council  or  board 
of  trustees  shall  appoint  three  of  its  members,  or  any  other  three 
competent  persons,  who  shall  make  an  estimate  of  the  cost 
of  the  improvement  contemplated  by  such  ordinance,  including 
labor,  materials,  and  all  other  expenses  attending  the  same,  and 
the  cost  of  making  and  levying  the  assessment,  and  shall  report 
the  same  in  writing  to  said  council  or  board  of  trustees. 

136  Order  for  proceedings  in  court.]  §  21.  On  such 
report  being  made  and  approved  by  the  council  or  board  of 
trustees,  as  the  case  may  be,  it  may  order  a  petition  to  be  filed 
by  such  officer  as  it  shall  direct,  in  the  county  court  of  its  coun¬ 
ty,  for  proceedings  to  assess  the  cost  of  such  improvement  in  the 
manner  provided  in  this  act. 

137  Petition  to  court.]  §  22.  The  petition  shall  be  in 
the  name  of  the  corporation,  and  shall  recite  the  ordinance  for  j 
the  proposed  improvement  and  the  report  of  such  commission, 
and  shall  pray  that  the  cost  of  such  improvement  may  be  as¬ 
sessed  in  the  manner  precribed  by  law. 

138  Appointment  of  commissioners — oath]  §23.  Upon 
the  filing  of  such  petition  the  court  shall  appoint  three  compe-  : 
tent  persons  as  commissioners,  who  shall  take  and  subscribe  an  I 
oath,  in  substance  as  follows,  to-wit : 

State  of  Illinois,  \ 

- County  f  *  “  We,  the  undersigned  Commission¬ 
ers,  appointed  by  the  County  Court  of  - county  to  assess 

the  cost  of - [here  state  in  general  terms  the  improvement] 

do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  we  will 
a  true  and  impartial  assessment  make  of  the  cost  of  said  im¬ 
provement  upon  the  city  (or  village)  of - ,  and  the  property 

benefited  by  such  improvement,  to  the  best  of  our  ability,  and 
according  to  law.” 


45 


139  Duty  of  commissioners.]  §  23.  It  shall  be  the  duty 
of  such  commissioners  to  examine  the  locality  where  the  im¬ 
provement  is  proposed  to  be  made,  and  the  lots,  blocks,  tracts, 
and  parcels  of  land  that  will  be  specially  benefited  thereby,  and 
to  estimate  what  proportion  of  the  total  cost  of  such  improve¬ 
ment  will  be  of  benefit  to  the  public,  and  what  proportion  there¬ 
of  will  be  of  benefit  to  the  property  to  be  benefited,  and  appor¬ 
tion  the  same  between  the  city  or  village  and  such  property,  so 
that  each  shall  bear  its  relative  equitable  proportion  ;  and,  hav¬ 
ing  found  said  amounts,  to.  apportion  and  assess  the  amount  so 
found  to  be  of  benefit  to  the  property  upon  the  several  lots, 
blocks,  tracts  and  parcels  of  land  in  the  proportion  in  which  they 
will  be  severally  benefited  by  such  improvement ;  Provided ’  that 
no  lot,  block,  tract,  or  parcel  of  land  shall  be  assessed  a  greater 
amount  than  it  will  be  actually  benefited  ;  And,  provided ,  further, 
that  it  shall  not  be  necessary  for  said  commissioners  to  examine 
the  locality  except  where  the  ordinance  provides  for  the  opening, 
widening,  or  improvement  of  streets  and  alleys.  [As  amended  by 
act  approved  and  in  force  March  30,  1874. 

-[§  25  repealed  by  an  act  approved  April  25,  1873.] 

140  Assessment  roll — return.]  §  26.  They  shall  also 
make  or  cause  to  be  made  an  assessment  roll,  in  which  shall  ap¬ 
pear  the  names  of  the  owners,  so  far  as  known,  a  description  of 
each  lot,  block,  tract,  or  parcel  of  land,  and  the  amount  assessed 
special  benefits  thereto,  and  in  which  they  shall  set  down  as 
against  the  city  or  village  the  amount  they  shall  have  found  as 
public  benefit,  and  certify  such  assessment  roll  to  the  court  by 
which  they  were  appointed,  at  least  ten  days  before  the  first  day 
of  the  term  at  which  a  final  hearing  thereon  shall  be  had.  [As 
amended  by  act  approved  and  in  force  March  30,  1874. 

141  Notice  by  mail — posting  and  publication.]  §  27. 
It  shall  also  be  the  duty  of  such  commissioners  to  give  notice  of 
such  assessment,  and  of  the  term  of  court  at  which  a  final  hearing 
thereon  will  be  had,  in  the  following  manner : 

1.  They  shall  send  by  mail  to  each  owner  of  premises  assessed, 
whose  name  and  place  of  residence  is  known  to  them,  a  notice, 
substantially  in  the  following  form : 

Mr. - ,  Your  (here  give  a  short  description  of  the 

premises),  is  assessed  $ - for  public  improvement.  The  assess- 


4(5 


ment  roll  will  be  returned  to  the - term  of  the  County  Court 

of - County. 

(Here  give  date.)  - 


Commissioners. 

2.  They  shall  cause  at  least  ten  days’  notice  to  be  given,  by 
posting  notices  in  at  least  four  public  places  in  such  city  or  vil¬ 
lage,  two  of  which  shall  be  in  the  neighborhood  of  such  proposed 
improvement ;  and  when  a  daily  newspaper  is  published  in  such 
city  or  village,  by  publishing  the  same  at  least  five  successive 
days  in  such  daily  newspaper,  and  if  no  daily  newspaper  is  pub¬ 
lished  in  such  city  or  village,  and  a  weekly  newspaper  is  published 
therein,  then  at  least  once  in  each  week,  for  two  successive  weeks, 
in  such  weekly  newspaper,  or  if  no  daily  or  weekly  newspaper  is 
published  in  such  city  or  village,  then  in  a  newspaper  published 
in  the  county  in  which  such  city  or  village  is  situated.  The  no¬ 
tice  may  be  substantially  as  follows  : 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city 
council  (or  board  of  trustees,  as  the  case  may  be)  of - ,  hav¬ 

ing  ordered  that  (here  insert  the  nature  and  description  of  im¬ 
provement  substantially  as  in  ordinance),  have  applied  to  the 

County  Court  of  - - County,  for  an  assessment  of  the  cost  of 

said  improvements,  according  to  benefits;  and  an  assessment 
thereof  having  been  made  and  returned  to  said  court,  the  final 
hearing  thereon  will  be  had  at  the -  term  of  said  court,  com¬ 
mencing  on  the - day  of - ,  A.D.  18 — .  All  persons 

desiring  may  then  and  there  appear  and  make  their  defense. 

(Here  give  date.)  - 


Commissioners. 

[As  amended  by  act  approved  April  25,  1873;  in  foree  July  1, 
1873. 

142  PROOF  OF  notice.]  §  28.  On  or  before  the  final  hear¬ 
ing,  the  affidavit  of  one  or  more  of  the  commissioners  shall  be 
filed  in  said  court,  stating  that  they  have  sent  or  caused  to  be 


I 

< 


47 


sent  by  mail,  to  the  owners  whose  premises  have  been  assessed, 
and  whose  name  and  place  of  residence  are  known  to  them,  the 
notice  hereinbefore  required  to  be  sent  by  mail  to  owners  of 
premises  assessed.  They  shall  also  cause  to  be  filed  the  affidavit 
of  the  person  who  shall  have  posted  the  notices  required  by  this  act 
to  be  posted,  setting  forth  when  and  in  what  manner  the  same 
were  posted.  Such  affidavits  shall  be  received  as  prima  facie 
evidence  of  a  compliance  with  this  act  in  regard  to  giving  such  no¬ 
tices.  They  shall  also  file  a  certificate  of  publication  of  said  notice 
in  like  manner  as  is  required  in  other  cases  of  publication  of  no¬ 
tices.  [As  amended  by  act  approved  April  25,1873;  in  force 
July  1,  1873. 


KJ 


a 


143  Continuance  when  notice  not  in  time.]  §  29.  If 
ten  days  shall  not  have  elapsed  between  the  first  publication  or 
the  putting  up  of  such  notices  and  the  first  day  of  the  next  term 
of  such  court,  the  hearing  shall  be  continued  until  the  next  term 
of  court. 


V 


144  Objection — judgment  by  default.]  §  30.  Any 
person  interested  in  any  real  estate  to  be  affected  by  such 
assessment,  may  appear  and  file  objections  to  such  report 
and  the  court  may  make  such  order  in  regard  to  th 
time  of  filing  pleas.  As  to  all  lots,  blocks,  tracts  and 
parcels  of  land  to  the  assessment  of  which  objections  are  not 
filed  within  the  time  ordered  by  the  court,  default  may  be  entered, 
and  the  assessment  confirmed  by  the  court. 

145  HEARING — JURY.]  §  31.  On  the  hearing,  the  report  of 
the  commissioners  shall  be  competent  evidence,  and  either  party 
may  introduce  such  other  evidence  as  may  tend  to  establish  the 
right  of  the  matter.  The  hearing  shall  be  conducted  as  in  other 
cases  at  law,  and  if  it  shall  appear  that  the  premises  of  the  objec¬ 
tor  are  assessed  more  or  less  than  they  will  be  benefited,  or  more 
or  less  than  their  proportionate  share  of  the  cost  of  the  improve¬ 
ment,  the  jury  shall  so  find,  and  also  find  the  amount  for  which 
such  premises  ought  to  be  assessed,  and  judgment  shall  be  ren¬ 
dered  accordingly. 


✓ 


146  Precedence.]  §  32.  The  hearing  in  all  cases  arising  ^ 
under  this  act  shall  have  precedence  over  all  other  cases  in  such  3 
court,  except  criminal  cases. 

147  Court  may  modify,  etc.  the  assessment.]  §  33.  ^ 

The  court  before  which  any  such  proceeding  may  be  pending,  v  v 
shall  have  authority,  at  any  time  before  final  adjournment  [judg-  jc 


48 


ment],  to  modify,  alter,  change,  annul,  or  confirm  any  assessment 
returned,  as  aforesaid,  or  cause  any  such  assesment  to  be  recast 
by  the  same  commissioners  whenever  it  shall  be  necessary  for  the 
attainment  of  justice,  or  may  appoint  other  commissioners  in  the 
place  of  all  or  any  of  the  commissioners  first  appointed,  for  the 
purpose  of  making  such  assessment,  or  modifying,  altering,  chang¬ 
ing  or  recasting  the  same,  and  may  take  all  such  proceedings  and 
make  all  such  orders  as  may  be  necessary  to  make  a  true  and 
just  assessment  of  the  cost  of  such  improvement  according  to  the 
principles  of  this  act,  and  may,  from  time  to  time,  as  may  be 
necessary,  continue  the  application  for  that  purpose  as  to  the 
whole  or  any  part  of  the  premises. 

148  J  UDGMENT  SEVERAL — APPEAL,  ETC. — LIEN.]  §  34.  The 
judgment  of  the  court  shall  have  the  effect  of  a  several  judgment 
as  to  each  tract  or  parcel  of  land  assessed,  and  any  appeal  from 
such  judgment  or  writ  of  error  shall  not  invalidate  or  delay  the  judg¬ 
ment,  except  as  to  the  property  concerning  which  the  appeal  or 
writ  of  error  is  taken.  Such  judgment  shall  be  a  lien  upon  the 
property  assessed,  from  the  date  thereof  until  the  payment  shall 
be  made. 

149  Judgment  certified  to  city  cleric — filing — war¬ 
rant.]  §  35.  The  clerk  of  the  court  in  which  such  judgment  is 
rendered  shall  certify  the  assessment  roll  and  judgment  to  the 
clerk  of  such  city  or  village,  or  if  there  has  been  an  appeal  or  writ 
of  error  taken  on  any  part  of  such  judgment,  then  he  shall  certify 
such  part  of  the  judgment  as  is  not  included  in  such  appeal  or 
writ  of  error.  The  clerk  of  the  city  or  village  shall  file  such  certi¬ 
ficate  in  his  office,  and  issue  a  warrant  for  the  collection  of  such 
assessment. 

150  FORM  OF  warrant.]  §  36.  The  warrant  in  all  cases 
of  assessment  under  this  act  shall  contain  a  copy  of  such  certifi¬ 
cate  of  the  judgment,  describing  the  lots,  blocks,  tracts  or  parcels 
of  land  assessed,  and  the  respective  amounts  assessed  on  each 
lot,  block,  tract,  or  parcel  of  land,  and  shall  be  delivered  to  the 
officer  authorized  to  collect  such  special  assessments.  Such  war¬ 
rant  shall  give  sufficient  authority  to  collect  the  assessments 
therein  specified. 

151  Collectors  notice— form  of.]  §  37.  The  collector 
receiving  such  warrant  shall  immediately  give  notice  thereof  by 
publishing  such  notice  in  one  or  more  newspapers  in  such  city  or 
village,  if  such  newspaper  is  there;  and  if  there  is  no  such  news¬ 
paper,  then  by  posting  four  copies  thereof  in  public  places  along 


49 


the  line  of  the  proposed  improvement.  Such  notice  may  be  sub¬ 
stantially  in  the  following  form  : 

Special  assessment  notice,  special  warrant  no.—  Pub¬ 
lic  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has 
rendered  judgment  for  a  special  assessment  upon  property  bene 
fated  by  the  following  improvement  (here  insert  the  character  and 
location  of  the  improvement  in  general  terms)  as  will  more  fully 
appear  from  the  certified  copy  of  the  judgment  on  file  in  the  office 

of  the  clerk  of  the  city  (or  village)  of - ;  that  a  warrant  for 

the  collection  of  such  assessments  is  in  the  hands  of  the  under¬ 
signed.  All  persons  interested  are  hereby  notified  to  call  and  pay 
the  amounts  assessed,  at  the  collector’s  office,  (here  insert  location 
of  office)  within  thirty  days  from  the  date  hereof. 

Dated  this - day  of - ,  A.  D.  18 — . 

- ,  Collector. 

152  Manner  of  collecting — entry  of  payment.]  §  38. 
It  shall  be  the  duty  of  the  collector  into  whose  hands  the  war¬ 
rant  shall  so  come,  as  far  as  practicable,  to  call  upon  all  persons 
resident  within  the  corporation  whose  names  appear  on  the  as¬ 
sessment  roll,  or.  the  occupants  of  the  property  assessed,  and  per¬ 
sonally,  or  by  written  or  printed  notice  left  at  his  or  her  usual 
place  of  abode,  inform  them  of  such  assessment,  and  request  pay- 
.ment  of  the  same.  Any  such  collector  omitting  so  to  do  shall 
be  liable  to  a  penalty  of  $10  for  every  such  omission,  but  the  va¬ 
lidity  of  the  special  assessment,  or  the  right  to  apply  for  and  ob¬ 
tain  judgment  for  any  such  special  [assessment],  shall  not  be 
affected  by  such  omission.  It  shall  be  the  duty  of  such  collector 
to  write  the  word  “  paid  ”  opposite  each  tract  or  lot  on  which  the 
assessment  is  paid,  together  with  the  name  and  postofifice  address 
of  the  person  making  the  payment,  and  date  of  payment. 

153  Report  of  delinquent  list  to  county  collector 
— EVIDENCE — DEFENSE.]  §  39.  It  shall  be  the  duty  of  the  col¬ 
lector  of  special  assessments,  within  such  time  as  the  city  council 
or  board  of  trustees  may  by  ordinance  provide,  to  make  a  report 
in  writing — to  the  general  officer  of  the  county  authorized,  or  to 
be  designated  by  the  general  revenue  law  of  this  state,  to  apply 
for  judgment  and  sell  lands  for  taxes  due  the  county  and  state — 
of  all  the  lands,  town  lots,  and  real  property  on  which  he  shall 
have  been  unable  to  collect  special  assessments,  with  the  amount 
of  special  assessments  due  and  unpaid  thereon,  together  with  his 

4 


50 


warrant,  or  with  a  brief  description  of  the  nature  of  the  warrant 
or  warrants  received  by  him  authorizing  the  collection  thereof ; 
which  report  shall  be  accompanied  with  the  oath  of  the  collector 
that  the  list  is  a  correct  return  and  report  of  the  lands,  town  lots 
and  real  property  on  which  the  special  assessments  levied  by  au¬ 
thority  of  the  city  of - ,  (or  village  of  - *,  as  the  case  may 

be),  remain  due  and  unpaid  ;  that  he  is  unable  to  collect  the  same 
or  any  part  thereof,  and  that  he  has  given  the  notice  required  by 
law  that  said  warrants  had  been  received  by  him  for  collection. 
Said  report,  when  so  made,  shall  be  prima  facie  evidence  that  all 
the  forms  and  requirements  of  the  law  in  relation  to  making  said 
return  have  been  complied  with,  and  that  the  special  assessments 
mentioned  in  said  report  are  due  and  unpaid.  And,  upon  the 
application  for  judgment  upon  such  assessment,  no  defense  or  ob¬ 
jection  shall  be  made  or  heard  which  might  have  been  interposed 
in  the  proceeding  for  the  making  of  such  assessment,  or  the  ap¬ 
plication  for  the  confirmation  thereof. 

154  Application  for  judgment — what- laws  govern.] 
§  40.  When  said  general  officer  shall  receive  the  report  provided 
for  in  the  preceding  section,  he  shall  at  once  proceed  to  obtain 
judgment  against  said  lots,  parcels  of  land  and  property  for  said 
special  assessment  remaining  due  and  unpaid,  in  the  same  man¬ 
ner  as  is  or  may  be  by  law  provided  for  obtaining  judgment 
against  lands  for  taxes  due  and  unpaid  the  county  and  state ; 
and  shall  in  the  same  manner  proceed  to  sell  the  same  for  the 
said  special  assessment  remaining  due  and  unpaid.  In  obtaining 
said  judgment  and  making  said  sale,  the  said  officer  shall  be  gov¬ 
erned  by  the  general  revenue  laws  of  this  state,  except  when  oth¬ 
erwise  provided  herein.  [See  “  Revenue,”  ch.  120,  §  182,  seq. 

155  Return  of  sales — redemption.]  §41.  After  mak¬ 
ing  said  sales,  the  list  of  lots,  parcels  of  land  and  property  sold 
thereat  shall  be  returned  to  the  office  of  the  county  clerk,  and 
redemption  may  be  made  as  provided  for  by  the  general  revenue 
law  of  this  state.  [See  Revenue/’  ch.  120,  §  210-215. 

156  Penalty  when  lands  paid  are  sold  for  tax,  etc.] 
§  42.  If  the  collector  shall  receive  any  moneys  for  taxes  or  as¬ 
sessments,  giving  a  receipt  therefor  for  any  land  or  parcel  of  land, 
and  afterward  return  the  same  as  unpaid  to  the  state  officers  au¬ 
thorized  to  sell  lands  for  the  taxes,  or  shall  receive  the  same  after 
making  such  return,  and  the  same  be  sold  for  tax  or  assessment, 
which  has  been  so  paid  and  receipted  for  by  himself  or  his  clerks, 
he  and  his  bond  shall  be  liable  to  the  holder  of  the  certificate 


51 


given  to  the  purchasers  at  the  sale,  for  double  the  amount  of  the 
face  of  the  certificate,  to  be  demanded  in  two  years  from  the  date 
of  the  sale,  and  recovered  in  any  court  having  jurisdiction  of  the 
amount ;  and  the  city  or  village  shall,  in  no  case,  be  liable  to  the 
holder  of  such  certificate. 

157  Paying  over — compensation.]  §  43.  The  collector 
or  collectors,  and  the  general  officer  aforesaid,  to  whom  the  said 
warrant  shall  be  returned,  shall  pay  over  to  the  city  or  village 
treasurer  to  which  it  shall  belong  all  moneys  collected  by  them, 
respectively,  upon  or  by  virtue  of  such  warrant,  or  upon  any  sale 
for  taxes  or  otherwise,  at  such  time  or  times,  and  in  such  manner 
as  shall  be  prescribed  by  ordinance,  and  shall  be  allowed  such 
compensation  for  their  services  in  the  collection  of  such  assess¬ 
ment  as  the  ordinances  of  the  city  or  village  may  provide,  except 
when  such  compensation  is  fixed  by  general  law. 

158  General  revenue  laws  apply.]  §  44.  The  general 
revenue  laws  of  this  State,  in  reference  to  proceedings  to  recover 
judgments  for  delinquent  taxes,  the  sale  of  property  thereon,  the 
execution  of  certificates  of  sale  and  deeds  thereon,  the  force  and 
effect  of  such  sales  and  deeds,  and  all  other  laws  in  relation  to  the 
enforcement  and  collection  of  taxes  and  redemption  from  tax 
sales,  except  as  herein  otherwise  provided,  shall  be  applicable  to 
proceedings  to  collect  such  special  assessment.  [See  “  Revenue,” 
ch.  120,  §  191-225. 

159  City  or  village  may  buy  in.]  §  45.  Any  city  or 
village  interested  in  the  collection  of  any  tax  or  special  assess¬ 
ment,  may  become  a  purchaser  at  any  sale  of  real  or  personal 
property  to  enforce  the  collection  of  the  same,  and  may,  by  ordi¬ 
nance,  authorize  and  make  it  the  duty  of  one  or  more  city  or  vil¬ 
lage  officers  to  attend  such  sales,  and  bid  thereat  in  behalf  of  the 
corporation. 

160  When  assessment  set  aside— new  assessment.] 
§  46.  If  any  assessment  shall  be  annulled  by  the  council  or  board 
of  trustees,  or  set  aside  by  any  court,  a  new  assessment  may  be 
made  and  returned,  and  like  notice  given  and  proceedings  had,  as 
herein  required  in  relation  to  the  first ;  and  all  parties  in  interest 
shall  have  the  like  rights,  and  the  city  council  or  board  of  trus¬ 
tees  and  court  shall  perform  like  duties  and  have  like  power  in 
relation  to  any  subsequent  assessment,  as  are  hereby  given  in  re¬ 
lation  to  the  first  assessment. 


161  Supplemental  assessments.]  §  47.  If  in  any  case, 
the  first  assessment  prove  insufficient,  a  second  may  be  made,  in 
the  same  manner,  as  nearly  as  may  be,  and  so  on,  until  sufficient 
moneys  shall  have  been  realized  to  pay  for  such  public  improve¬ 
ment.  If  too  large  a  sum  shall,  at  ^ny  time,  be  raised,  the  excess 
shall  be  refunded  ratably  to  those  by  whom  it  was  paid. 

162  New  assessments  against  delinquents — lien — 
LIMITATION.]  §  48.  If,  from  any  cause,  any  city  or  village 
shall  fail  to  collect  the  whole  or  any  portion  of  any  special  assess¬ 
ment  which  may  be  levied,  which  shall  not  be  canceled  and  set 
aside  by  the  order  of  any  court,  for  any  public  improvement  au¬ 
thorized  to  be  made  and  paid  for  by  special  assessment,  the  city 
council  or  board  of  trustees  may,  at  any  time  within  five  years 
after  the  confirmation  of  the  original  assessment,  direct  a  new  as¬ 
sessment  to  be  made  upon  the  delinquent  property  for  the  amount 
of  such  deficiency,  and  interest  thereon  from  the  date  of  such 
original  assessment — which  assessment  shall  be  made,  as  near  as 
may  be,  in  the  same  manner  as  is  herein  prescribed  for  the  first 
assessment.  In  all  cases  where  partial  payment  shall  have  been 
made  on  such  former  assessment,  they  shall  be  credited  or  allow¬ 
ed  on  the  new  assessment  to  the  property  for  which  they  were 
made,  so  that  the  assessment  shall  be  equal  and  impartial  in  its 
results.  If  such  new  assessment  prove  ineffectual,  either  in  whole 
or  in  part,  the  city  council  or  board  of  trustees  may,  at  any  time 
within  said  period  of  five  years,  order  a  third,  and  so  on,  to  be 
levied  in  the  same  manner  and  for  the  same  purpose ;  and  it  shall 
constitute  no  legal  objection  to  such  assessment  that  the  proper¬ 
ty  may  have  changed  hands,  or  been  encumbered  subsequent  to 
the  date  of  the  original  assessment,  it  being  the  true  intent  and 
meaning  of  this  section  to  make  the  cost  and  expense  ol  all  pub¬ 
lic  improvements,  to  be  paid  for  by  a  special  assessment,  a  charge 
upon  the  property  assessed  therefor,  for  the  full  period  of  five 
years,  from  the  confirmation  of  the  original  assessment,  and  for 
such  longer  period  as  may  be  required  to  collect,  in  due  course  of 
law,  any  new  assessment  ordered  within  that  period. 

163  Contracts  payable  from  assessments.]  §  41).  All 
persons  taking  any  contracts  with  the  city  or  village,  and  who 
agree  to  be  paid  from  special  assessments,  shall  have  no  claim  or 
lien  upon  the  city  or  village,  in  any  event,  except  from  the  collec¬ 
tions  of  the  special  assessments  made  for  the  work  contracted 
for. 

164  How  CONTRACTS  LET — APPROVAL.]  §  50.  All  con¬ 
tracts  for  the  making  of  any  public  improvement,  to  be  paid  for 


53 


in  whole  or  in  part  by  a  special  assessment,  and  any  work  or 
other  public  improvement,  when  the  expense  thereof  shall  exceed 
$500,  shall  be  let  to  the  lowest  responsible  bidder,  in  the  manner 
to  be  prescribed  by  ordinance — such  contracts  to  be  approved  by 
the  mayor  or  president  of  the  board  of  trustees  :  Provided  how¬ 
ever,  any  such  contract  may  be  entered  into  by  the  proper  officer 
without  advertising  for  bids,  and  without  such  approval,  by  a 
vote  of  two-thirds  of  all  the  aldermen  or  trustees  elected. 

165  Lien.]  §  51.  All  special  assessments  levied  by  any 
city  or  village  under  this  act,  shall,  from  the  date  of  assessment, 
be  a  lien  upon  the  real  estate  upon  which  the  same  may  be  im¬ 
posed,  and  such  lien  shall  continue  until  such  special  assessments 
are  paid.  And  the  same  proceedings  may  be  resorted  to  by  the 
collector,  upon  any  warrant  or  order  issued  or  made  for  the  col¬ 
lection  of  special  assessments  as  in  the  case  of  the  collection  of 
state  and  county  taxes  under  the  general  laws  of  the  state. 

166  Collection  by  SUIT.]  §  52.  At  any  time  after  the 
same  becomes  due,  it  shall  and  may  be  lawful  for  any  collector 
thereof  to  commence  suit  in  any  court  of  record  in  the  corporate 
name  of  such  city  or  village,  against  any  person  or  persons  for  the 
total  amount  of  special  assessments  which  such  person  or  persons 
are  liable  for  the  payment  of.  Such  suit  shall  be  commenced  by 
petition,  and  shall  state  the  several  amounts  of  the  special  assess¬ 
ments  sought  to  be  recovered,  and  give  a  general  description  of 
the  warrant  or  warrants  issued  for  the  collection  thereof.  Upon 
the  filing  of  the  petition  a  summons  shall  be  issued,  served,  and 
returned  as  in  other  suits  in  such  court.  Upon  the  return  of 
such  summons,  duly  served,  the  court  shall  forthwith  proceed  to 
the  hearing  of  said  petition  without  formal  pleadings,  and  may 
render  judgment  for  all  or  any  part  of  the  special  assessments,  as 
the  right  and  justice  of  the  case  may  require.  The  original,  or 
a  certified  copy  (by  the  clerk,  under  the  corporate  seal,)  of  such 
warrant  or  warrants  and  list  or  lists,  or  so  much  thereof  as  refers 
to  the  special  assessments  sought  to  be  recovered,  shall  be  prima 
facie  evidence  of  the  right  of  said  collector  to  a  judgment  in  favor 
of  such  corporation.  Execution  shall  issue  on  such  judgment  as 
in  other  cases,  but  such  execution  may  be  first  levied  upon  and 
collected  from  any  personal  property  of  the  defendant ;  or  the 
court,  in  which  such  proceedings  were  had,  may,  upon  complaint 
of  the  city  or  village,  issue  a  scire  facias  against  the  person  or 
persons  liable  for  such  payment,  to  show  cause  why  execution 
should  not  issue  against  him  or  them  for  the  amount  of  such  as¬ 
sessment  ;  and  if,  upon  the  return  of  such  scire  facias ,  good  cause 


54 


is  not  shown  why  execution  should  not  issue,  the  court  may 
award  execution  against  such  person  or  persons  in  the  usual  form 
of  execution  upon  judgments  at  law. 

167  Supplemental  petition  to  assess  benefits  in  con¬ 
demnation  CASE.]  §  53.  Whenever  any  city  or  village  shall 
apply  to  any  court  for  the  purpose  of  making  just  compensation 
for  property  taken  or  damaged  by  such  proceedings  as  are  au¬ 
thorized  by  this  act,  such  city  or  village  may  file  in  the  same  pro¬ 
ceeding  a  supplemental  petition,  praying  the  court  to  cause  that 
an  assessment  be  made  for  the  purpose  of  raising  the  amount 
necessary  to  pay  the  compensation  and  damages  which  may  be 
or  shall  have  been  awarded  for  the  property  taken  or  damaged, 
with  the  costs  of  the  proceeding.  The  said  court  shall  have  pow¬ 
er,  at  any  time  after  such  supplemental  petition  shall  have  been 
filed,  to  appoint  three  commissioners  to  make  such  assessment, 
and  to  ascertain,  as  near  as  may  be,  the  costs  incurred  to  the 
time  of  such  appointment,  and  the  probable  further  costs  of  the 
proceedings,  including  therein" the  estimated  PuyLstTl'  fiia'kuig'and 
collecting  such  assessment,  and  shall  direct  such  costs  to  be  in- 
cltraea  oy  sucn  coillHliysioiieis  in  making  said  assessment.  Like 
proceedings  in  making  said  assessment  shall  be  had,  and  the  as¬ 
sessment  shall  be  made,  collected,  and  enforced  in  the  same  man¬ 
ner,  as  near  as  may  be,  as  is  provided  in  this  article  in  other  cases. 
[As  amended  by  act  approved  and  in  force  March  30,  1874. 

168  Adoption  of  tpiis  article.]  §  54.  Any  city  or  in¬ 
corporated  town  or  village  may,  if  it  shall  so  determine  by  ordi¬ 
nance,  adopt  the  provisions  of  this  article  without  adopting  the 
whole  of  this  act ;  and  where  it  shall  have  so  adopted  this  article, 
it  shall  have  the  right  to  take  all  proceedings  in  this  article  pro¬ 
vided  for,  and  have  the  benefit  of  all  the  provisions  hereof. 

ARTICLE  X. 

(MISCELLANEOUS  PROVISIONS.) — WATER. 

169  Water — borrow  money.]  §  1.  The  city  council  or 
board  of  trustees  shall  have  the  power  to  provide  for  a  supply  of 
water  by  the  boring  and  sinking  of  artesian  wells,  or  by  the  con¬ 
struction  and  regulation  of  wells,  pumps,  cisterns,  reservoirs  and 
water  works,  and  to  borrow  money  therefor,  and  to  authorize  any 
person  or  private  corporation  to  construct  and  maintain  the  same 
at  such  rates  as  may  be  fixed  by  ordinance,  and  for  a  period  not 
exceeding  thirty  years ;  also  to  prevent  the  unnecessary  waste  of 


water;  to  prevent  the  pollution  of  the  water,  and  injuries  to  such 
wells,  pumps,  cisterns,  reservoirs  or  water  works.  [See  §  227-236. 

170  Acquiring  property  for  water  works — juris¬ 
diction  OVER.]  §  2.  For  the  purpose  of  establishing  or  sup¬ 
plying  water  works,  any  city  or  village  may  go  beyond  its  terri¬ 
torial  limits,  and  may  take,  hold,  and  acquire  property  by  pur¬ 
chase  or  otherwise ;  shall  have  power  to  take  and  condemn  all 
necessary  lands  or  property  therefor,  in  the  manner  provided  for 
the  taking  or  injuring  private  property  for  public  uses ;  and  the 
jurisdiction  of  the  city  or  village  to  prevent  or  punish  any  pollu¬ 
tion  or  injury  to  the  stream  or  source  of  water,  or  to  such  water 
works,  shall  extend  five  miles  beyond  its  corporate  limits,  or  so 
far  as  such  water  works  may  extend.  [See  §  229,  also  “Eminent 
Domain,”  ch.  47. 

171  Regulations — rates — taxation,  etc.]  g  3.  The 
city  council  or  board  of  trustees  shall  have  power  to  make  all 
needful  rules  and  regulations  concerning  the  use  of  water  sup¬ 
plied  by  the  water  works  of  said  city  or  village,  and  to  do  all 
acts  and  make  such  rules  and  regulations  for  the  construction, 
completion,  management,  or  control  of  the  water  works,  and  for 
the  levying  and  collecting  of  any  water  taxes,  rates,  or  assess¬ 
ments  as  the  said  city  council  or  board  of  trustees  may  deem 
necessary  and  expedient ;  and  such  water  taxes,  rents,  rates  or 
assessments  may  be  levied  or  assessed  upon  any  lot  or  parcel  of 
ground,  having  a  building  or  buildings  thereon,  which  shall  abut 
or  join  any  street,  avenue,  or  alley  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works,  (if  any)  of  said 
city  or  village  are  or  may  be  laid,  which  can  be  conveniently  sup¬ 
plied  with  water  from  said  pipes ;  Provided,  (whether)  the  water 
shall  be  used  on  such  lot  or  parcel  of  ground  or  not ;  and  the 
same,  when  so  levied  or  assessed,  shall  become  a  continuing  lien 
or  charge  upon  such  lot  or  parcel  of  ground,  building  or  buildings 
situated  thereon,  and  such  lien  or  charge  may  be  collected  or  en¬ 
forced  in  such  manner  as  the  city  council  may,  by  ordinance  pre¬ 
scribe.  And  the  corporate  authorities  may  levy  a  general  tax  for 
the  construction  and  maintenance  of  such  water  works,  and  ap¬ 
propriate  money  therefor. 

172  Taxpayer  may  enforce  rights  in  name  of  city, 
ETC.]  §  4.  A  suit  may  be  brought  by  any  tax-payer,  in  the 
name  and  for  the  benefit  of  the  city  or  village,  against  any  person 
or  corporation,  to  secure  any  money  or  property  belonging  to  the 
city  or  village,  or  for  any  money  which  may  have  been  paid,  ex¬ 
pended,  or  released  without  authority  of  law ;  Provided,  that  such 


taxpayer  shall  file  a  bond  for  all  costs,  and  be  liable  lor  all  costs, 
in  case  the  city  or  village  be  cast  in  the  suit,  and  judgment  shall 
be  rendered  accordingly. 

173  Maps — approval  of.]  §  5.  The  city  council  or  board 
of  trustees  shall  have  power  to  provide,  by  ordinance,  that  any 
map,  plat,  or  sub-division  of  any  block,  lot,  sub-lot,  or  part  thereof, 
or  of  any  piece  or  parcel  of  land,  shall  be  submitted  to  the  city 
council  or  board  of  trustees,  or  some  officer  to  be  designated  by 
such  council  or  board  of  trustees,  for  their  or  his  approval;  and 
in  such  cases  no  such  map,  plat  or  sub-division  shall  be  entitled 
to  record  in  the  proper  county,  or  have  any  validity  until  it  shall 
have  been  so  approved.  [See  “Recorders,”  ch.  115,  §  13. 

174  Inhabitants  competent  as  jurors,  etc.]  §  6.  No 
person  shall  be  an  incompetent  judge,  justice  or  juror,  by  reason 
of  his  being  an  inhabitant  or  freeholder  in  said  city  or  village,  in 
any  action  or  proceeding  in  which  said  city  or  village  may  be  a 
party  in  interest. 

175  Population— CENSUS.]  g  7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  determined 
by  reference  to  the  latest  census  taken  by  authority  of  the  United 
States  or  this  state,  or  of  such  city  or  village ;  and  it  shall  be  the 
duty  of  the  secretary  of  state,  upon  the  publication  of  any 
state  or  United  States  census,  to  certify  to  each  city  or  village 
the  number  of  inhabitants  as  shown  by  such  census.  Any  city 
or  village  may,  by  ordinance,  provide  for  the  taking  of  a  census 
of  the  population  thereof,  in  order  to  determine  the  number  of 
such  population  for  any  and  all  purposes  of  this  act.  And  the 
several  courts  in  this  State  shall  take  judicial  notice  of  the  pop¬ 
ulation  of  any  city  or  village,  as  the  same  may  appear  from  the 
latest  federal,  state,  city  or  village  census  so  taken. 

176  Municipal  year.]  g  8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the  reg¬ 
ular  annual  election,  unless  otherwise  provided  by  ordinance. 

177  City  or  village  need  not  give  appeal  bond.]  §  9. 
When  in  any  suit  the  city  or  village  prays  an  appeal  from  the 
judgment  of  any  court  of  this  state  to  a  higher  court  it  shall  not 
be  required  to  furnish  an  appeal  bond. 


ARTICLE  XI. 

OF  THE  ORGANIZATION  OF  VILLAGES. 

1.78  By  incorporated  towns.  §  1.  Any  town  in  this 
state  incorporated  either  under  any  general  law  for  the  incor¬ 
poration  of  towns,  and  acts  amendatory  thereof,  or  under  any 
special  act  for  the  incorporation  of  any  town  or  village,  may 
become  organized  as  a  village  under  this  act  in  the  manner  fol¬ 
lowing:  Whenever  any  thirty  voters  in  such  town  shall  petition 
the  president  and  trustees  thereof  to  submit  the  question 
whether  such  town  will  become  organized  as  a  village,  under  this 
act,  to  the  decision  of  the  legal  voters  thereof,  it  shall  be  the  duty 
of  such  president  and  trustees  to  submit  the  same  accordingly ; 
and  to  fix  a  time  and  place  within  such  town  for  holding  such 
election,  and  to  appoint  the  judges  to  hold  such  election  ;  and  to 
give  notice  of  the  time,  place,  and  purpose  of  such  election  by 
causing  at  least  five  notices  thereof  to  be  posted  in  public  places 
in  such  town  for  at  least  fifteen  days  prior  to  holding  such 
election. 

179  Ballot.]  §  2.  Each  qualified  voter,  resident  within 
such  town  or  proposed  village,  shall  have  the  right  to  cast  a 
ballot  at  such  election,  with  the  words  thereon  “  For  village  or¬ 
ganization  under  the  general  law,”  or  “  Against  village  organ¬ 
ization  under  the  general  law.” 

180  Returns — canvass — record.]  §  3.  The  judges  of 
such  election  shall  make  returns  thereof  to  the  president  and 
trustees  of  the  town  as  soon  as  practicable  after  such  election  is 
held,  and  it  shall  be  the  duty  of  the  president  and  trustees  to 
canvass  such  returns,  and  cause  a  statement  of  the  result  of 
such  election  to  be  entered  upon  the  records  of  the  town. 

181  Result — old  officers  continue  until,  etc.]  §  4. 
If  a  majority  of  the  votes  cast  at  such  election  are  for  village 
organization  under  the  general  law,  such  town  shall,  from  thence¬ 
forth,  be  deemed  to  be  duly  incorporated  as  a  village  under  this 
act ;  but  the  town  officers  then  in  office  shall  continue  as  like 
officers  of  such  village  until  their  successors  shall  be  elected  or 
appoinied  under  the  provisions  of  this  act. 

182  New  organization — how  effected.]  §  5.  When¬ 
ever  any  area  of  contiguous  territory,  not  exceeding  two  square 
miles,  shall  have  resident  thereon  a  population  of  at  least  three 
hundred  inhabitants,  and  which  territory  is  not  included  within 
the  limits  of  any  incorporated  town,  village,  or  city,  the  same 


58 


may  become  incorporated  as  a  village,  under  this  act,  in  the  man¬ 
ner  following :  Any  thirty  legal  voters  resident  within  the  limits 
of  such  proposed  village  may  petition  the  county  judge  of  the 
county  in  which  they  reside  to  cause  the  question  to  be  submitted 
to  the  legal  voters  of  such  proposed  village,  whether  they  will 
organize  as  a  village  under  this  act.  And  if  the  territory  de¬ 
scribed  in  such  petition  shall  be  situated  in  more  than  one 
county,  then  the  petition  shall  be  addressed  to  the  Judge  of 
the  county  court  of  the  county  where  a  greater  part  of  such  terri¬ 
tory  is  situated.  Such  petition  shall  be  addressed  to  the  county 
judge,  contain  a  definite  description  of  the  lands  intended  to  be 
embraced  in  such  village,  the  number  of  inhabitants  resident 
therein,  and  the  name  of  such  proposed  village.  [See  §  175. 

183  Petition — election — return.]  §  6.  Upon  the 
filing  such  petition  in  the  office  of  the  county  clerk,  it  shall  be 
the  duty  of  such  judge  to  perform  the  same  duties  in  reference 
to  fixing  the  time  and  place  of  such  election,  giving  notice  ap¬ 
pointing  judges  thereof,  as  is  above  required  to  be  performed 
by  the  president  and  trustees  in  towns  already  incorporated. 
The  returns  of  such  election  shall  be  made  to  the  county  judge, 
who  shall  call  to  his  assistance  any  two  justices  of  the  peace, 
and  canvass  such  returns,  and  cause  a  statement  of  the  result  of 
such  election  to  be  entered  upon  the  records  of  the  county  court. 
The  second  section  of  this  article  shall  be  applicable  to  such 
election. 

184  Result — election  of  officers,  etc.]  §  7.  If  a  ma¬ 
jority  of  the  votes  cast  at  such  election  is  for  village  organ¬ 
ization  under  the  general  law,  such  proposed  village,  with  the 
boundaries  and  name  mentioned  in  the  petition,  shall,  from 
thenceforth,  be  deemed  an  organized  village  under  this  act,  and 
the  county  judge  shall  thereupon,  call  and  fix  the  time  and 
place  of  an  election  to  elect  village  officers,  and  cause  notice  there¬ 
of  to  be  posted  or  published,  and  perform  all  other  acts  in  refer¬ 
ence  to  such  election,  in  like  manner,  as  nearly  as  may  be,  as  he 
is  required  to  perform  in  reference  to  the  election  of  officers  in 
newly  organized  cities.  But  the  term  of  office  of  trustees 
elected  at  such  election  shall  terminate  as  soon  as  their  suc¬ 
cessors  are  elected  and  qualified,  at  the  regular  annual  election, 

185  Trustees — corporate  name  powers.]  §  8.  In  each 
village  organized  under  this  act  there  shall  be  elected,  by  the 
qualified  electors  therein,  six  (6)  trustees,  who  shall  hold  their 
office  for  one  year  and  until  their  successors  are  elected  and 


59 


qualified.  The  trustees  shall  choose  one  of  their  own  number 
president ;  and  such  village  shall  thenceforth  be  considered,  in 
law  and  equity,  a  body  corporate  and  politic,  by  the  name  and 

style  of  “  The  village  of - and  by  such  name  and 

style  may  sue  and  be  sued,  contract  and  be  contracted  with,  ac¬ 
quire  and  hold  real  and  personal  property  necessary  for  corpor¬ 
ate  purposes,  adopt  a  common  seal,  and  alter  the  same  at  pleas¬ 
ure,  and  possess  all  other  powers  as  a  corporation  in  this  act 
conferred  upon  cities  not  exceeding  five  thousand  inhabitants, 
except  as  herein  otherwise  expressly  provided.  And  wherever 
the  words  “  city  council”  or  “mayor”  occur  in  this  act,  the 
same  shall  be  held  to  apply  to  the  trustees  and  president  of  such 
village,  so  far  as  the  same  may  be  applicable. 

186  Powers  and  duties  of  president  and  trustees.]  §  9. 
The  president  of  the  board  of  trustees  shall  perform  the  duties 
and  exercise  the  powers  conferred  upon  the  mayor  of  a  city  not 
exceeding  five  thousand  inhabitants,  and  shall  have  the  right  to 
vote  as  a  trustee  at  any  meeting  of  the  trustees  ;  but  when  he 
shall  have  so  voted  shall  not  have  the  right  to  give  the  casting 
vote ;  and  the  trustees  shall  perform  the  duties  and  exercise  all 
the  powers  conferred  upon  aldermen  in  cities  ;  and  the  president 
and  board  of  trustees  may  exercise  the  same  powers  conferred 
upon  the  mayor  and  city  council  of  cities  of  not  exceeding  five 
thousand  inhabitants,  and  pass  ordinances  in  like  manner  The 
president  of  the  board  of  trustees  may  exercise  the  same  veto 
powers,  and  with  like  effect,  as  the  mayor  of  a  city ;  and  the 
board  of  trustees  may  pass  ordinances  over  such  veto,  in  like 
manner  as  a  city  council. 

187  Style  of  ordinances,]  §  10.  The  style  of  ordinances 
passed  in  villages  shall  be  as  follows  :  “  Be  it  ordained  by  the 

president  and  board  of  trustees  of  the  village  of - (as 

the  case  may  be.) 

188  Appointment  of  officers — prescribe  duties  and  fees.] 
§  11.  The  president  and  board  of  trustees  may  appoint  a  clerk, 
pro  tempore ,  and  whenever  necessary  to  fill  vacancies  ;  and  may 
also  appoint  a  treasurer,  one  or  more  street  commissioners,  a 
village  constable,  and  such  other  officers  as  may  be  necessary  to 
carry  into  effect  the  powers  conferred  upon  villages,  to  prescribe 
their  duties  and  fees,  and  require  such  officers  to  execute  bonds 
as  may  be  prescribed  by  ordinance. 


60 


189  Powers  of  constable.]  §  12.  The  village  constable 
shall  have  the  same  powers  to  make  arrests,  execute  process, 
and  perform  other  official  acts  as  other  constables  under  the  gen¬ 
eral  laws  of  the  state,  together  with  such  other  powers  as  may 
be  conferred  on  him  by  ordinance. 

190  Annual  election.]  §  13.  An  annual  election  for 
trustees  and  a  clerk  of  villages  shall  be  held  on  the  third  Tues¬ 
day  of  April  in  each  year,  and  special  elections  may  be  held, 
under  such  regulations  as  may  be  provided  by  ordinance,  to  fill 
vacancies  and  for  other  purposes. 

191  Suits — jurisdiction — fines.,  etc.]  §  14.  Suits  and 
prosecutions  tor  the  violations  of  any  village  ordinance  may  be 

prosecuted  in  the  name  of  “  The  village  of - and 

justices  of  the  peace  and  police  magistrates  shall  have  jurisdiction 
over  such  suits,  and  all  fines  and  moneys  so  collected  shall  be 
paid  into  the  village  treasury. 

192  Police  magistrates.]  §  15.  There  may  be  a  police 
magistrate  elected  at  a  regular  annual  election  in  each  village, 
who  shall  give  bonds,  qualify,  and  have  the  same  jurisdiction  as 
other  justices  of  the  peace,  and  hold  his  office  for  four  years, 
and  until  his  successor  is  elected  and  qualified. 

193  No  incorporation  allowed  under  former  laws.]  § 
16.  After  the  taking  effect  of  this  act,  no  town  or  city  shall  be¬ 
come  incorporated  under  any  other  general  law  then  in  force  for 
the  incorporation  of  towns  or  cities. 

FERRIES  AND  BRIDGES. 

AN  ACT  to  enable  the  corporate  authorities,  now  or  hereafter 
incorporated  under  an  act  entitled  “  An  Act  to  provide  for  the 
incorporation  of  cities  and  villages,”  in  force  July  1,  1872,  to  ac¬ 
quire  by  purchase,  lease  or  gift,  establish,  maintain,  license,  reg¬ 
ulate  ferries,  bridges,  the  approaches  thereto,  and  tolls  thereon. 
[Approved  March  27,  1874.  In  force  July  1,  1874. 

194  License  and  regulate.]  §  1  .Be  it  enacted  by  the 
people  of  the  State  of  Illinois  represented  in  the  General  Assembly , 
That  it  shall  be  lawful  for  the  corporate  authorities  of  any  city  or 
village,  now  or  hereafter  incorporated  under  an  act  entitled  “  An 
Act  to  provide  for  the  incorporation  of  cities  and  villages,”  in 


61 


force  July  1,  1872,  to  acquire  by  purchase,  lease,  or  gift,  and  main¬ 
tain,  license  and  regulate  ferries  and  bridges  so  acquired  and  the 
approaches  thereto,  not  to  exceed  four  acres  of  land  for  each 
ferry  or  bridge  within  the  corporate  limits,  or  within  five  miles  of 
the  corporate  limits  thereof,  and  from  time  to  time  fix  the  tolls 
thereon.  [See  §  62,  items  28,  87. 

ANNEXING  AND  EXCLUDING  TERRITORY. 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and 

from  cities,  towns  and  villages,  and  to  unite  cities,  towns  and 

villages.  [Approved  April  10,  1872.  In  force  July  l,  1872. 

L.  1871-2,  p.  254. 

195  Petition  to  be  annexed — annexing.]  §  1.  Be 
it  enacted  by  the  people  of  ilie  State  of  Illinois ,  represented 
in  the  General  Assembly ,  That  on  petition,  in  writing,  signed 
by  not  less  than  three-fourths  of  the  legal  voters,  and  by 
the  owners  of  not  less  than  three-fourths  (in  value)  of  the 
property  in  any  territory  contiguous  to  any  city  or  incor¬ 
porated  village  or  town,  and  not  embraced  within  its  lim¬ 
its,  the  city  council  or  board  of  trustees  of  said  city,  village,  or 
town  (as  the  case  may  be)  may,  by  ordinance,  annex  such  terri¬ 
tory  to  such  city,  village,  or  town,  upon  filing  a  copy  of  such  or¬ 
dinance,  with  an  accurate  map  of  the  territory  annexed  (duly  cer¬ 
tified  by  the  mayor  of  the  city  or  president  of  the  board  of  trus¬ 
tees  of  the  village  or  town),  in  the  office  of  the  recorder  of  deeds 
in  the  county  where  the  annexed  territory  is  situated,  and  hav¬ 
ing  the  same  recorded  therein ;  Provided ,  That  no  portion  less 
than  the  whole  of  an  incorporated  city,  town  or  village,  shall  be 
annexed  to  another  incorporated  city,  town,  or  village,  except  in 
the  mode  provided  in  this  act  for  the  annexation  of  the  whole  of 
an  incorporated  city,  town  or  village,  to  another  city  town,  or  vil¬ 
lage. 

196  Annexing  one  corporation  to  another.]  §2.  Any 
incorporated  city,  village,  or  town  may  be  annexed  to  another  in¬ 
corporated  city,  village,  or  town,  by  ordinance  passed  by  a  two- 
thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each  corpora¬ 
tion  desiring  annexation;  Provided ,  such  annexation  shall  not 
affect  or  impair  any  rights  or  liabilities  either  in  favor  of  or 
against  such  corporations ;  and  suits  founded  upon  such  rights 
and  liabilities  may  be  commenced,  and  pending  suits  may  be 
prosecuted  and  carried  to  final  judgment  and  execution  the  same 
as  if  such  annexation  had  not  taken  place.  In  making  such  an- 


nexation,  the  corporations  so  uniting  may,  by  ordinance,  fix  the 
terms  of  the  annexation,  which  shall  have  the  force  and  effect  of  a 
binding  contract ;  Provided ,  however,  That  no  such  ordinance 
shall  be  of  any  binding  force  or  effect  until  submitted  to  a  vote 
of  the  legal  voters  of  such  city,  town,  or  village,  at  a  general  elec¬ 
tion  thereof,  and  adopted  by  a  majority  of  all  the  voters  voting 
thereon  at  such  election,  notice  of  which  shall  be  given  at  the 
same  time  and  in  the  same  manner  as  required  for  the  election  of 
the  officers  of  such  city,  town,  or  village :  And ,  provided,  also , 
that  the  vote  shall  be  by  ballot,  which  shall  be  “  for  union  ordi¬ 
nance,”  or  “  against  union  ordinance,”  and  shall  be  received,  can¬ 
vassed  and  returned  the  same  as  ballots  for  municipal  officers  of 
such  city,  town,  or  village. 

197  Proceedings  by  corporation  to  annex  terri¬ 
tory.]  §  3.  When  any  incorporated  city,  village,  or  town  shall 
desire  to  annex  any  contiguous  territory  thereto,  and  the  same 
shall  not  have  been  petitioned  for  as  provided  in  section  one 
of  this  article,  it  shall  be  lawful  for  the  city  council  or  board  of 
trustees  of  such  city,  village,  or  town,  by  a  two-thirds  vote  of  all 
the  aldermen  or  trustees  elect,  by  ordinance  or  resolution,  to  au¬ 
thorize  the  mayor  of  such  city  or  the  president  of  the  board  of 
trustees  of  such  village  or  town,  to  petition  the  circuit  court  of 
the  county  in  which  the  territory  desired  to  be  annexed  or  a  ma¬ 
jor  part  thereof  is  situated,  praying  such  annexation  to  be  made. 
The  petition  shall  contain  a  copy  of  such  ordinance  or  resolution, 
and  an  accurate  map  of  the  territory  which  it  is  desired  to  annex, 
showing  all  such  subdivisions  that  shall  have  been  made  therein. 
Such  petition  shall  be  filed  with  the  clerk  of  the  court  at  least 
ten  days  before  the  first  day  of  the  term  at  which  it  is  proposed 
to  be  heard :  Provided .  that  nothing  in  this  section  contained 
shall  authorize  said  petition  to  be  filed  unless  the  territory  so 
sought  to  be  annexed  (except  territory  intervening  between  a 
city  and  town,  or  two  or  more  cities  or  towns,  desiring  to  be¬ 
come  united  under  this  act,)  shall  contain  an  actual  resident  pop¬ 
ulation  of  at  least  one  hundred  and  fifty  inhabitants  to  each  sec¬ 
tion  or  fractional  part  of  a  section  so  sought  to  be  annexed — 
which  said  fact  shall  be  alleged  in  said  petition  and  proved  on 
the  hearing  thereof,  the  same  as  any  other  allegation  in  said  pe¬ 
tition. 


198  Notice  of  proceedings.]  §  4.  When  it  shall  be  de¬ 
termined  to  present  such  petition,  the  mayor  or  president  of  the 
board  of  trustees  (as  the  case  may  be)  shall  cause  notice  of  the 
time  and  place  where  and  when  the  petition  will  be  or  has  been 


63 


filed,  and  at  what  term  of  court  the  hearing  thereof  will  be  had, 
and  setting  forth  the  boundaries  or  a  general  description  of  the 
territory  proposed  to  be  annexed — to  be  given  by  publication  at 
least  once  in  each  week,  for  two  successive  weeks,  in  some  news¬ 
paper  published  in  the  county  where  the  petition  is  filed  or  to  be 
filed  (or,  if  no  newspaper  is  published  in  such  county,  then  in  the 
nearest  newspaper  published  in  this  state),  and  by  posting  up 
notices  at  least  fourteen  days  before  such  time  of  hearing,  in  at 
least  three  of  the  most  public  places  in  the  territory  proposed  to 
be  annexed,  and  a  like  number  in  the  city,  village,  or  town  to 
which  it  is  desired  to  annex  such  territory. 

199  Objections  to  annexation — trial.]  §  5.  The  legal 
voters  resident  upon  the  territory  thus  proposed  to  be  annexed, 
or  any  of  them,  or  any  owner  of  land  therein,  or  any  voter  of  such 
city,  village,  or  town,  may  appear  at  such  hearing  and  show  cause 
why  such  annexation  should  not  be  made;  and  the  court,  or  a 
jury  impaneled  for  that  purpose  (no  member  of  the  jury  so  im¬ 
paneled  shall  be  a  resident  of  the  corporation  or  territory  to  be 
annexed,  nor  if  the  town  or  towns  in  which  said  corporation  or 
territory  may  be  situated,)  shall  hear  all  competent  evidence  that 
may  be  offered  by  either  party;  and  the  court  may  continue  the 
hearing  from  time  to  time,  for  any  cause,  and  make  all  proper  or¬ 
ders  in  regard  to  the  hearing,  giving  of  notices  and  other  disposi¬ 
tion  of  the  case. 

200  Finding — costs,  etc.]  §  6.  If,  upon  the  hearing,  the 
court  or  the  jury  shall  find  that  such  territory  ought  to  be  an¬ 
nexed  to  such  city,  village,  or  town,  and  can  be  so  done  without 
injustice  to  the  inhabitants  or  persons  interested,  the  court  shall 
so  order.  If  the  court  or  jury  shall  find  against  the  petitioners, 
the  petition  shall  be  dismissed  at  the  cost  of  the  petitioners ;  and 
no  subsequent  petition  shall  be  presented  for  the  annexation  of 
any  of  the  territory  embraced  in  such  petition,  within  one  year 
from  the  time  of  entering  such  order:  Provided,  that  new  trials 
may  be  granted  as  in  other  jury  cases. 

201  Proceedings  by  owner  to  be  annexed.]  §  7. 
When  not  less  than  a  majority  in  number  of  the  legal  voters  or 
the  owner  or  owners  of  any  tract  or  tracts  of  land,  contiguous  to 
any  incorporated  city,  village  or  town,  shall,  by  petition,  in  writ¬ 
ing,  signed  by  them,  and  filed  in  the  circuit  court  of  the  county 
where  such  territory  or  a  major  part  thereof  is  situated,  pray  to 
be  annexed  to  such  city,  village  or  town,  the  like  proceedings  may 
be  had  thereon,  and  with  the  like  effect,  as  in  case  of  a  petition 


64 


by  a  city,  village  or  town  :  Provided ,  a  copy  of  the  notice  required 
to  be  given  shall  be  left  with  the  mayor  of  such  city,  or  president 
of  such  village  or  town,  at  least  ten  days  before  such  petition  is 
heard. 


202  Proceedings  to  disconnect.]  §  8.  Whenever  a 
majority  of  the  legal  voters  of  any  territory  within  any  city,  town 
or  village,  and  being  upon  the  border  and  within  the  boundary 
thereof,  shall  petition  the  circuit  court  of  the  county  in  which 
such  city,  town  or  village  is  situated,  praying  to  be  disconnected 
therefrom,  such  petition  shall  be  filed  with  the  clerk  of  the  court 
at  least  ten  days  before  the  first  day  of  the  term  at  which  it  is 
proposed  to  be  heard,  and  like  proceedings  shall  be  had  as  is  re¬ 
quired  by  sections  four,  five  and  six  of  the  act  for  the  annexation 
of  territory  to  such  city,  town  or  village  :  Provided ,  that  the  pro¬ 
visions  of  this  section  shall  only  apply  to  lands  not  laid  out  into 
city  or  town  lots  or  blocks. 

203  Map  and  ordinance  recorded.]  §  t).  When  any 
territory  is  annexed  to  any  city,  village,  or  town,  as  provided  in 
this  act,  it  shall  be  the  duty  of  the  mayor  of  the  city,  or  the  pres¬ 
ident  of  the  board  of  trustees  of  the  village  or  town  (as  the  case 
may  be,)  to  cause  an  accurate  map  of  such  added  territory,  to¬ 
gether  with  the  ordinance  for  the  annexation,  certified  by  such 
mayor,  and  if  a  decree  or  order  of  the  court  has  been  made  there¬ 
for,  a  copy  of  the  same,  to  be  filed  for  record  and  recorded  in  the 
recorder’s  office  for  the  county  in  which  such  added  territory  is 
situated.  If  territory  is  disconnected  or  excluded  from  any  city, 
village,  or  town,  a  copy  of  the  ordinance  or  the  decree  therefor 
shall  be  so  filed  for  record  and  recorded. 

204  School  districts.]  §  10.  All  school  districts,  and 
other  corporations  incorporated  for  school  purposes,  under  special 
acts  of  the  legislature,  desiring  to  annex  or  disannex  territory, 
may  proceed  under  the  provisions  of  this  act.  [See  “  Schools,” 
ch.  122,  §  33. 

205  Judicial  notice.]  §  11.  All  courts  in  this  state 
shall  take  judicial  notice  of  cities,  towns,  and  villages,  and  of 
the  changes  of  their  territory,  made  under  the  provisions  of 
this  act. 


CHANGING  NAME. 


AN  ACT  to  enable  any  city,  town,  or  village  in  this  state  to 

change  its  name.  [Approved  March  7, 1872.  In  force  July  1, 
1872. 

206  PETITION.]  §  1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois ,  represented  in  the  Genefal  Assembly ,  That 
whenever  a  petition,  signed  by  the  qualified  electors  of  any  city, 
incorporated  town  or  incorporated  village  of  this  state,  equal  in 
number  to  one-half  of  those  who  voted  for  the  officers  therein  at 

^the  last  election,  shall  be  presented  to  the  corporate  authorities  of 
such  city,  town,  or  village,  praying  that  the  name  of  such  city, 
town,  or  village  may  be  changed,  it  shall  be  lawful  for  such  cor¬ 
porate  authorities  to  make  such  change  in  the  manner  hereinafter 
prescribed. 

207  PROCEEDINGS.]  §  2.  Previous  to  the  presentation  of 
the  petition  in  the  preceding  section  mentioned,  the  name  pro¬ 
posed  to  be  given  to  such  city,  town  or  village  shall  be  filed  in  the 
office  of  the  secretary  of  state,  to  be  there  retained  for  the  period 
of  at  least  sixty  days,  and  upon  application,  the  secretary  of 
state  shall,  at  any  time  after  the  filing  of  such  name,  grant  a  cer¬ 
tificate,  stating  that  such  name  has  not  been  given  to  any  other 
city,  incorporated  town,  or  incorporated  village,  or  municipality  in 
this  state,  if  such  be  the  fact ;  but  if  such  name  has  been  adopted 
by  any  ..other  city,  town,  village  or  municipality,  as  appears  from 
information  in  his  office,  the  secretary  of  state  shall  so  notify  the 
party  or  parties  making  such  application,  in  which  case  another 
name  shall  be  filed  in  his  office,  which  name  shall  likewise  remain 
for  the  like  period  of  sixty  days  ;  and  no  petition  shall  be  acted 
upon  by  said  corporate  authorities  unless  accompanied  by  the 
certificate  of  the  secretary  of  state,  setting  forth  that  such  name 
has  not  been  adopted  elsewhere  in  this  state. 

208  Duties  of  secretary  of  state.]  §  3.  The  sec¬ 

retary  of  state  shall,  as  soon  as  practicable  after  the  passage  of 
this  act,  communicate  with  the  clerks  of  the  several  counties  of 
this  state,  and  ascertain  the  names  of  all  the  cities,  towns,  vil¬ 
lages  or  other  municipal  corporations  therein,  and  arrange  such 
names  in  alphabetical  order  for  convenient  reference.  Such  list 
of  names  shall  be  kept  filed  in  his  office,  and  shall  be  changed 
whenever  a  change  of  name  shall  be  effected  under  the  provisions 
of  this  act.  5 


66 


209  Time  of  hearing  to  be  fixed — notice.]  §  4.  At 
any  meeting  of  the  corporate  authorities  of  any  city,  incorporated 
town  or  incorporated  village,  after  the  presentation  of  the  petition 
herein  provided,  such  corporate  authorities  shall  fix  the  time  when 
such  petition  shall  be  considered,  and  order  notice  of  the  present¬ 
ation  thereof  to  be  given,  by  publishing  such  notice  for  three 
successive  weeks  in  some  newspaper  having  a  general  circulation 
in  such  city,  town  or  village.  Such  notice  shall  state  that  a 
change  of  the  name  of  such  city,  town  or  village  has  been  prayed 
for,  and  the  time  when  action  on  said  petition  will  be  had,  at 
which  time  remonstrances,  if  any,  will  be  heard. 

210  Hearing  petition  and  remonstrances.]  §  5.  At 
the  time  fixed  in  the  notice  provided  for  in  the  preceding  section, 
or  if,  from  any  cause,  action  thereon  is  not  taken,  such  petition 
praying  for  a  change  of  name  shall  be,  with  all  remonstrances, 
heard  at  any  subsequent  meeting  of  the  corporate  authorities  of 
any  such  city,  town  or  village ;  and  if  said  corporate  authorities 
are  satisfied  that  such  change  of  name  is  necessary  and  proper, 
they  shall  thereupon  make  an  oFder  changing  the  name  of  such 
city,  town  or  village,  and  adopting  the  name  prayed  for  in  such 
petition. 

211  Order  filed  with  secretary  of  state — 
NOTICE.]  §  6.  If  said  change  of  name  is  made,  said  corporate 
authorities  shall  cause  a  copy  of  the  order  making  such  change 
to  be  filed  in  the  office  of  the  secretary  of  state,  who  shall  there¬ 
upon  make  known  the  fact  of  such  change,  by  publication  in  some 
newspaper  of  the  county  in  which  such  city,  town  or  village  is 
situated,  and  also  in  some  newspaper  in  the  city  of  Chicago;  and 
all  the  courts  of  this  state  sjnall  take  judicial  notice  of  the  change 
thus  made. 

212  Rights  saved.]  §  7.  Nothing  in  this  act  contained 
shall  affect  the  rights  or  privileges  of  such  city,  town  or  village, 
or  those  of  any  person,  as  the  same  existed  before  such  change 
of  name.  And  all  proceedings  pending  in  any  court  or  place  in 
favor  of  or  against  said  city,  town  or  village,  may  be  continued  to 
final  consummation  under  the  name  in  which  the  same  was  com¬ 
menced. 

213  WHEN  CHANGE  VOID.]  §8.  If  the  name  of  any  such 
city,  town  or  village  shall  be  changed  contrary  to  or  without  com¬ 
plying  with  the  provisions  of  this  act,  such  change  shall  be  void ; 
and  all  proceedings  instituted  or  acts  done  in  such  name  as 


67 


changed,  shall  be  void  and  held  for  naught  in  the  courts  of  this 
state. 

214:  Name  of  unincorporated  town,  etc.]  §  9. 
When  the  plat  of  any  unincorporated  town  or  village  shall  be 
placed  upon  record  in  any  county  of  this  state,  the  circuit  court 
of  said  county  shall  have  power,  at  any  regular  term  of  said  court, 
to  change  the  name  of  such  unincorporated  town  or  village,  upon 
the  petition  of  a  majority  of  the  legal  voters  residing  within  the 
limits  of  such  town  or  village  :  Provided ,  notice  of  the  proposed 
change  of  name  shall  be  filed  in  the  office  of  the  secretary  of  state, 
as  provided  in  section  two  of  this  act. 

TERRITORIAL  JURISDICTION. 

AN  ACT  to  define  the  jurisdiction  of  the  cities  and  incorporated 
towns  bordering  on  the  Ohio  river.  [Approved  March  26, 1872. 
In  force  July  1,  1872.  L.  1871-2,  p.  578. 

215  Over  Ohio  river:]  §  1.  Be  it  enacted  by  the  peo¬ 
ple  of  the  State  of  Illinois ,  represented  in  the  General  Assembly, 
That  each  of  the  several  cities  and  incorporated  towns  of  this 
state,  lying  on  the  Ohio  river,  and  bounded  thereby,  are  hereby 
invested  with  jurisdiction  over  their  river  fronts,  and  shall  have 
jurisdiction  over  the  waters  of  said  river,  in  all  cases  occurring  on 
said  river,  and  opposite  to  each  of  said  cities  or  incorporated 
towns,  co-extensive  with  the  jurisdiction  of  the  several  counties 
in  this  state  in  which  said  cities  or  incorporated  towns  may  lie : 
Provided ,  nothing  herein  contained  shall  be  construed  so  as  to  ex¬ 
tend  the  jurisdiction  of  said  cities  or  incorporated  towns  over  any 
islands  in  said  river  included  within  the  corporate  limits  of  any 
county  in  the  state  of  Kentucky.  [See  §  44,  71. 

AN  ACT  to  extend  the  jurisdiction  of  towns  and  cities  on  any 
river  within  or  on  the  borders  of  this  state,  for  the  purpose  of 
police  regulations.  [Approved  and  in  force  Feb.  15,  1865.  L. 
1865,  p.  111. 

216  TO  ENFORCE  ^ORDINANCES  ON  BOATS,  ETC.]  §  1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  representea 
in  the  General  Assembly,  That  cities  and  towns  on  any  river 
within  or  on  the  borders  of  this  state,  shall  have  the  right  to  ex¬ 
tend  and  enforce  their  ordinances  so  as  to  include  any  boat  or 
other  floating  structure,  which  shall  be  kept  within  two  miles  of 
the  city  or  town  limits,  as  a  place  for  drinking  spirituous  liquors 


68 


or  for  gaming,  or  for  the  purpose  of  prostitution :  Provided,  no 
authority  shall  be  given  by  this  law,  beyond  what  the  law  now 
authorizes,  to  interfere  with  any  steamer  or  other  boat,  the  usual 
business  of  which  is  the  carrying  of  freight  or  passengers.  [See 
§  44,  71. 

HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the 
official  inspection  or  medical  examination  of  the  inmates  there¬ 
of,  in  the  incorporated  cities,  towns  and  villages  of  this  state. 
[Approved  and  in  force  March  27,  1874. 

217  Licensing  and  medical  inspection  forbidden.] 
§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represent¬ 
ed  in  the  General  Assembly ,  That  it  shall  be  unlawful  for  the  cor¬ 
porate  authorities  of  any  city,  town  or  village  in  this  state  to 
grant  a  license  to  any  person,  male  or  female,  to  keep  what  is 
known  as  a  house  of  ill-fame  or  house  of  prostitution.  And  it 
shall  be  unlawful  for  any  board  of  health  (or  any  member  or  em¬ 
ployee  of  the  same)  now  existing,  or  which  may  hereafter  exist 
under  the  laws  of  this  state,  to  interfere  in  the  management  of 
any  house  of  ill-fame  or  house  of  prostitution,  or  to  provide  in 
any  manner  for  the  medical  inspection  or  examination  of  any  in¬ 
mate  of  the  same.  [See  §  62,  item  45. 

218  EMERGENCY.]  §  2.  Whereas,  the  legislative  author¬ 
ities  of  certain  cities  in  this  state  are  about  to  license  houses  of 
ill-fame,  therefore  an  emergency  exists  why  this  act  should  take 
effect  immediately ;  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

LEASING  LANDINGS  AND  LEVEES. 

AN  ACT  to  authorize  incorporated  cities,  towns  or  villages  in 
this  state,  situated  upon  the  banks  of  navigable  rivers,  to 
lease  parts  of  their  public  landings  or  levees,  [Approved 
March  31,  1874.  In  force  July  1,  1874. 

211)  When  landings  and  levees  may  be  leased.]  §  1.  Be 
it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the 
General  Assembly ,  That  whenever  in  the  opinion  of  the  legis¬ 
lative  authority  of  any  incorporated  city,  or  of  the  president  and 
board  of  trustees  of  any  incorporated  town  or  village  of  this 


69 


state,  situate  upon  the  banks  of  any  navigable  river,  the  lands 
acquired  and  owned  by  any  such  city,  town  or  village,  for  the 
purpose  of  a  public  landing  or  public  levee,  are  not  imme¬ 
diately  required  for  such  purpose,  then  any  such  city,  town  or 
village  may  lease  such  parts  of  such  landing  or  levee  as  may  be 
thought  best  by  the  legislative  authority  of  such  city,  or  presi¬ 
dent  and  board  of  trustees  of  such  town  or  village,  for  the 
purpose  of  erecting  manufactories,  warehouses  or  grain  elevators 
thereon:  Provided ,  no  such  lease  shall  extend  beyond  the  period 
of  twenty-five  years  from  its  execution.  [See  §  62,  items 
32,  33. 

220  What  lands — when  lease  may  take  effect — defi¬ 
nition — restriction.]  §  2.  That  the  right  of  any  such  city, 
town  or  village  to  lease  any  part  of  the  land  in  the  foregoing 
section,  shall  embrace  all  such  lands  as  may  have  been  convey¬ 
ed  to  the  same :  Provided ,  however ,  no  such  lease  shall  take 
effect  or  be  in  force  until  approved  by  an  order,  resolution  or 
ordinance  of  the  legislative  authority  of  such  city,  or  president 
and  board  of  trustees  of  such  town  or  village.  The  words 
“  legislative  authority,”  when  used  in  this  act,  shall  be  held  to 
include  the  common  council.  The  provisions  of  this  act  shall 
not  apply  to  cities  having  over  one  hundred  thousand  inhabit¬ 
ants. 


POLICE  AND  FIREMEN’S  RELIEF  FUND. 

AN  ACT  to  provide  a  fund  for  the  relief  of  members  of  police 
and  fire  departments,  in  incorporated  cities,  wounded  or  dis¬ 
abled  in  the  discharge  of  their  duties,  and  for  the  relief  of 
the  surviving  family  of  any  member  of  said  departments, 
killed  while  on  duty.  [Approved  March  24,  1874.  In  force 
July  1,  1874. 

22\  How  fund  created.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly,  That 
the  corporate  authorities  of  any  city  in  this  state  may,  by  or¬ 
dinance,  provide  that  all  moneys  received  from  fines  inflicted 
upon  members  of  the  police  and  fire  departments  in  such  city, 
for  violation  of  the  rules  or  regulations  of  the  service,  shall  be 
paid  into  the  city  treasury,  and  kept  apart  as  a  fund  to  be  called 
the  “  Police  and  Firemen’s  Relief  Fund.” 


70 


r  222  Use  for  disabled  men.]  §  2.  Whenever  any  member 
of  either  of  said  departments  shall,  while  in  the  discharge  of  his 
duty  as  a  member  or  officer  of  such  service,  suffer  wounds,  or  in 
any  other  manner  become  disabled,  so  as  to  be  unfit  for  further 
service,  the  corporate  authorities  of  such  city  shall  appropriate 
out  of  such  fund,  for  his  benefit,  such  an  amount  or  amounts  of 
money  as  to  them  may  seem  just  and  reasonable. 

223  Use  in  case  of  death.]  §  3.  Whenever  any  member 
of  either  of  such  departments  shall,  while  in  the  active  discharge 
of  his  duty,  suffer  death,  or  die  from  or  on  account  of  injuries 
received  while  in  such  active  discharge  of  his  duty,  the  cor¬ 
porate  authorities  of  any  such  city  shall  appropriate  out  of  said 
fund  such  an  amount  as  to  them  shall  seem  just  and  equitable, 
for  the  relief  of  the  surviving  members  of  the  family  of  such 
deceased. 

224t  Vote  necessary  to  appropriate.]  §  4.  All  such  ap¬ 
propriations  shall  be  made  by  a  vote  of  a  majority  of  all  the 
members  elected  of  such  corporate  body ;  and  such  authorities 
alone  shall  have  the  right  to  determine  the  amount  of  relief  to 
be  granted  under  this  act. 

225  Bequests,  gifts,  etc. — treasurer.]  §  5.  In  case  of 
any  bequest,  gift,  devise  or  donation  to  the  fund  aforesaid,  the 
city  treasurer  of  such  city,  by  virtue  of  his  office,  and  his  suc¬ 
cessors  in  office,  shall  be  the  trustee  of  the  same,  and  in  that 
capacity,  under  the  direction  of  the  corporate  authorities  of 
such  city,  he  shall  administer  the  same. 

226  No  NEW  LIABILITY  ON  CITY  FOR  INJURIES.]  §  6. 

Nothing  in  this  act  shall  be  so  construed  as  to  create  any  new 
liability  on  the  part  of  any  city  for  injuries  received  by  persons 
in  its  service. 


WATER  WORKS. 

AN  ACT  authorizing  cities,  incorporated  towns  and  villages  to 
construct  and  maintain  water  works.  [Approved  and  in  force 
April  15,  1873. 

227  Power  to  supply  water — letting  contract.]  §  1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly ,  That  all  cities,  incorporated  towns  and 
villages  in  this  state  be  and  are  hereby  authorized,  and  shall 


71 


have  power  to  provide  for  a  supply  of  water  for  the  purposes  of 
fire  protection,  and  for  the  use  of  the  inhabitants  of  such  cities, 
incorporated  towns  or  villages,  by  the  erection,  construction 
[and]  maintaining  of  a  system  of  water  works  :  Provided ,  that 
all  contracts  for  the  erection  or  construction  of  any  such  works, 
or  any  part  thereof,  shall  be  let  to  the  lowest  responsible  bidder 
therefor,  upon  not  less  than  three  weeks’  public  notice  of  the 
terms  and  conditions  upon  which  the  contract  is  to  be  let  having 
been  given,  by  publication  in  a  newspaper  published  in  such 
city,  town  or  village  ;  or  if  no  newspaper  is  published  therein 
then  in  some  newspaper  published  in  the  county;  And  Provided 
further ,  that  no  member  of  the  city  council  or  board  of  trustees, 
or  mayor,  shall  be  directly  or  indirectly  interested  in  any  such 
contract ;  and  in  all  cases  the  council  or  board  of  trustees,  as  the 
case  may  be,  shall  have  the  right  to  reject  any  and  all  bids  that 
may  not  be  satisfactory  to  them.  [See  §  169-171. 

228  Borrow  money — tax]  §  2.  Such  cities,  incorporated 
towns  and  villages  may  borrow  money  and  levy  and  collect  a 
general  tax  in  the  same  manner  as  other  municipal  taxes  may 
be  levied  and  collected  for  the  erection,  construction  and  main¬ 
taining  of  such  water  works,  and  appropriate  money  for  the 
same.  [See  §  62,  item  3 

229  May  acquire  property  for  works,  etc.]  §  3.  For 
the  purpose  of  erecting,  constructing,  locating,  maintaining  or 
supplying  such  water  works,  any  such  city,  incorporated  town  or 
village  may  go  beyond  its  territorial  limits,  and  may  take,  hold 
and  acquire  property  and  real  estate,  by  purchase  or  otherwise  ; 
and  shall  also  have  the  power  to  take,  hold  and  acquire  and 
condemn  any  and  all  necessary  property  and  real  estate  for  the 
location,  erection,  construction  and  maintaining  of  such  water 
works,  in  the  manner  provided  for  the  taking  and  condemning 
of  private  property  for  public  use ;  and  may  also  acquire  and 
hold  real  estate  and  other  property  and  rights  necessary  for  the 
location,  erection,  construction  and  maintenance  of  such  water 
works,  by  purchase  or  otherwise  ;  and  the  jurisdiction  of  such 
city,  town  or  village  to  prevent  or  punish  any  pollution  or  injury 
to  the  stream  or  source  of  water  for  the  supply  of  such  water 
works,  shall  extend  ten  miles  beyond  its  corporate  limits.  [See 
§  170,  also  “Eminent  Domain,’’  ch.  47. 

230  Rules — tax — assessment — lien.]  §  4.  The  common 
council  of  such  cities,  or  trustees  of  such  towns  or  villages, 


72 


shall  have  power  to  make  and  enforce  all  needful  rules  and  reg¬ 
ulations  in  the  erection,  construction  and  management  of  such 
water  works,  and  for  the  use  of  water  supplied  by  the  same. 
And  such  cities,  towns  and  villages  shall  have  the  right  and 
power  to  tax,  assess  and  collect  from  the  inhabitants  thereof 
such  tax,  rent  or  rates  for  the  use  and  benefit  of  water  used  or 
supplied  to  them  by  such  water  works,  as  the  common  council 
or  board  of  trustees,  as  the  case  may  be,  shall  deem  just  and  ex¬ 
pedient.  And  all  such  water  taxes,  rates  or  rents  shall  be  a 
lien  upon  the  premises  and  real  estate  upon  or  for  which  the 
same  is  used  or  supplied.  And  such  taxes,  rents  or  rates  shall 
be  paid  and  collected,  and  such  lien  enforced,  in  such  manner 
as  the  common  council  shall,  by  ordinance,  direct  and  provide. 
[See  §  171. 

231  Special  assessment.]  §  5.  The  expense  of  locating, 
erecting  and  constructing  reservoirs  and  hydrants  for  the  pur¬ 
pose  of  fire  protection,  and  the  expense  of  constructing  and 
laying  water  main  pipes,  or  such  part  thereof  as  may  be  just  and 
lawful,  may  be  assessed  upon  and  collected  from  the  property 
and  real  estate  specially  benefited  thereby,  if  any,  in  such  man¬ 
ner  as  may  be  provided  for  the  making  of  special  assessments 
for  other  public  improvements  in  such  cities,  towns  or  villages. 
[See  §  133  seq. 

232  Separate  fund  ]  §  6.  All  the  income  received  by 

such  cities,  towns  or  villages  from  such  water  works,  from  the 
the  payment  and  collection  of  water  taxes,  rents  or  rates,  shall 
be  kept  in  a  separate  fund,  and  shall  first  be  applied  in  the  pay¬ 
ment  and  discharge  of  the  costs,  interest  on  bonds  or  money 
borrowed  and  used  in  the  erection  and  construction  of  such 
water  works  and  running  expenses  thereof.  And  any  surplus 
may  be  applied  in  such  manner  as  as  the  common  council  or 
board  of  trustees  may  direct. 

233  When  act  not  apply.]  §  7.  The  provisions  of  this 
act  shall  not  apply  to  cities,  towns  or  villages  in  which  water 
Avorks  are  now  managed  or  controlled  by  a  board  of  public 
works. 

234c  Emergency.]  §  8.  Whereas  many  of  the  cities  em¬ 
braced  in  this  act  are  entirely  without  adequate  protection  from 
fires,  and  are  without  lawful  authority  to  provide  the  necessary 
means  of  protection  authorized  by  this  act;  therefore  an  em- 


73 


ergency  exists  that  this  act  should  take  effect  immediately ; 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

AN  ACT  to  provide  for  the  laying  of  water  supply  pipe  by 

bonds  and  special  assessment,  payable  in  installments.  [Ap¬ 
proved  and  in  force  March  17, 1874. 

235  Bonds — assessments  payable  in  installments.]  §  1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly,  That  whenever  the  corporate  authorities 
of  any  city,  town  or  village  shall  provide,  by  ordinance,  for  the 
laying  of  water  supply  pipes,  to  be  paid  for  by  a  special  assess¬ 
ment  to  be  made  under  the  provisions  of  article  nine  of  the  act 
of  the  general  assembly,  entitled,  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages,”  approved  April  10,  A.  D. 
1872,  such  corporate  authorities  may,  in  their  discretion,  provide 
in  such  ordinance,  or  by  an  ordinance  to  be  adopted  at  any  time 
prior  to  the  issuance  of  the  warrant  to  the  collector  for  the  col¬ 
lection  of  such  assessment,  that  the  amount  of  the  estimated 
cost  of  such  improvement  shall  be  provided  for  in  the  following 
manner,  to-wit :  That  bonds  of  the  city,  town  or  village,  as  the 
case  may  be,  shall  be  issued  for  such  portion  of  the  estimated 
cost  of  such  improvement  as  shall  be  apportioned  to  the  city, 
town  or  village  as  public  benefit,  payable  at  such  time  or  times, 
within  twenty  years,  as  may  be  provided  by  said  ordinance,  or 
it  may  in  such  ordinance  be  provided  that  all  or  any  portion  of 
the  amount,  so  apportioned  as  public  benefits,  may  be  made  by 
general  taxation  in  accordance  with  the  provisions  contained  in 
said  article  nine,  and  that  the  portion  of  said  estimated  cost 
which  shall  be  assessed  upon  property  specially  benefited,  shall 
be  payable  in  such  annual  installments,  not  exceeding  ten  in 
number,  as  may  in  such  ordinance  be  prescribed :  Piovided,  that 
nothing  in  this  section  shall  authorize  any  city,  town  or  village 
to  issue  such  bonds  to  an  amount,  including  all  existing  indebt¬ 
edness,  in  excess  of  the  charter,  statutory  or  constitutional 
limitation  of  the  indebtedness  of  such  city,  town  or  village. 

23(y  When  installments  payable — interest.]  §  2.  When¬ 
ever  such  corporate  authorities  shall  have  provided  by  ordi¬ 
nance  for  the  making  of  such  improvement  in  the  manner  pre- 
cribed  in  section  1  of  this  act,  the  first  installment  of  the  amount 
assessed  upon  property  specially  benefited  shall  be  payable  im¬ 
mediately  upon  the  issuance,  by  the  clerk  of  such  city,  town  or 


74 


village,  of  his  warrant  to  the  collector,  and  the  subsequent  in¬ 
stallments  shall  be  be  payable  annually  thereafter,  with  interest 
until  paid,  at  such  rate  as  shall  be  prescribed  in  such  ordinance, 
not  exceeding  ten  per  cent,  per  annum. 

237  Applies  to  assessments  already  ordered.]  §  8.  This 
act  shall  apply  to  assessments  already  ordered  for  the  purpose 
set  forth  in  section  1  of  this  act,  and  to  the  ordinances  in  rel¬ 
ation  thereto,  as  well  as  to  ordinances  hereafter  to  be  adopted. 

238  Emergency.]  §  4.  Whereas  certain  cities,  towns  and 
villages  are  about  to  lay  water  supply  pipe,  and  are  desirous  of 
availing  themselues  of  the  provisions  of  this  act,  therefore  an 
emergency  is  declared  to  exist,  and  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

AN  ACT  to  enable  cities  and  villages  to  contract  for  a  supply 
of  water  for  public  use,  and  to  levy  and  collect  a  tax  to  pay 
for  water  so  supplied.  [Approved  April  9,  1872.  In  force 
July  1,  1872.  L.  1871-2,  p.  271.] 

239  Power  to  contract  for  water.]  §  1  .Be  it  enacted  by 
the  people  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly ,  That  in  all  cities  and  villages  where  water  works  may 
hereafter  be  constructed  by  an  incorporated  company,  the  city  or 
village  authorities  in  such  cities  and  villages  may  contract  with 
such  incorporated  company  for  a  supply  of  water  for  public  use, 
for  a  period  not  exceeding  thirty  years. 

240  Tax.]  §  2.  Any  such  city  or  village  so  contracting 
may  levy  and  collect  a  tax  on  all  taxable  propertywithin  such 
city  or  village,  to  pay  for  the  water  so  supplied. 

SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorities  of  cities  to  estab¬ 
lish  and  fix  the  salaries  of  city  officers.  [Approved  and  in 
force  April  28,  1873. 

241  When  to  be  fixed — not  changed  during  term.]  §  1. 
Be  it  enacted  by  the  people  of  ihe  State  of  Illinois ,  represented 
in  the  General  Assembly ,  It  shall  and  may  be  lawful  for  the 
common  council  or  legislative  authority  of  any  city  in  this  state 
to  establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all 
city  officers,  as  the  case  may  be,  except  members  of  such  legis¬ 
lative  body,  in  the  annual  appropriation  bill  or  ordinance  made 


75 


for  the  purpose  of  providing  for  the  annual  expenses  of  any 
such  city,  or  by  some  ordinance  prior  to  the  passage  of  such 
annual  approprion  bill  or  ordinance;  and  the  salaries  or  compen¬ 
sation  thus  fixed  or  established,  shall  neither  be  increased  nor 
diminished  by  the  said  common  council  or  legislative  authority 
of  any  such  city,  after  the  passage  of  said  annual  appropriation 
bill  or  ordinance,  during  the  year  for  which  such  appropriation 
is  made,  and  no  extra  compensation  shall  ever  be  allowed  to  any 
officer  or  employee  over  and  above  that  provided  in  manner 
aforesaid.  [See  §  84,  85. 

242  EMERGENCY.]  §  2.  Whereas  the  corporate  authorities 
of  certain  cities  in  this  state  have  no  power  to  establish  or  fix  the 
salaries  of  their  city  officers  in  certain  cases,  whereby  an  emergen¬ 
cy  exists  requiring  this  act  to  take  immediate  effect ;  therefore, 
this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas¬ 
sage. 

REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities 
and  towns,  of  taxes  levied  upon  property  destroyed  by  fire, 
and  to  authorize  the  common  council  of  such  cities,  or  board  of 
trustees  of  such  towns,  to  change  or  amend  appropriation  bills, 
to  pass  new  appropriation  bills,  to  reduce  taxes  and  special  as¬ 
sessments  in  certain  cases,  and  to  discontinue  special  improve¬ 
ments.  [Approved  and  in  force  Jan.  18,  1872.  L.  1871-2,  p. 
270. 

243  Rebate  when  property  destroyed.]  §  1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the 
General  Assembly ,  That  whenever,  in  any  incorporated  city  or 
town  in  this  state,  any  property  listed  or  assessed  for  municipal 
taxation,  shall  have  been  or  shall  hereafter  be  destroyed  by  fire, 
in  whole  or  in  part,  before  the  levy  of  the  municipal  taxes  of  such 
city  thereon,  or  before  the  municipal  taxes  levied  thereon  shall 
have  been  collected,  it  shall  and  may  be  lawful  for  the  mayor  of 
such  city  or  town — if  there  be  no  mayor,  then  the  president  of 
the  board  of  trustees,  the  city  comptroller,  if  there  should  be  one ; 
and  if  not,  then  the  city  clerk  or  town  clerk,  and  tax  commission¬ 
er,  if  there  should  be  one  ;  if  not,  then  the  chairman  of  the  finance 
committee  of  the  city  council,  or  board  of  trustees — to  rebate  or 
remit  so  much  of  such  tax  or  taxes,  so  levied  upon  such  property, 
as  in  their  opinion  should  be  rebated  or  remitted  by  reason  of 
such  property  having  been,  in  whole  or  in  part,  destroyed  by  fire. 


244  Reduce  or  release  tax  or  assessment-]  §  2.  That 
whenever,  in  any  incorporated  city  or  town  in  this  state,  any 
large  portion  of  the  taxable  property  of  such  city  shall  have  been 
or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously  impair 
or  affect  the  ability  of  the  property  owners  of  such  city  or  town 
to  pay  taxes  or  special  assessments  thereon,  and  an  appropria¬ 
tion  bill  has  been  made  or  passed,  or  special  improvements  or¬ 
dered  before  such  fire,  and  the  tax  or  assessment  for  the  pay¬ 
ment  or  raising  of  the  same  has  not  been  levied  or  collected,  it 
may  be  lawful  for  the  city  council  or  board  of  trustees  of  any 
such  town  to  alter,  revise,  change,  reduce,  or  vacate,  or  repeal 
such  appropriation  bill,  or  any  part  of  the  same,  and  to  order 
the  discontinuance  of  said  special  improvements,  or  any  of  the 
same,  or  to  reduce  the  amount  of  taxes  or  special  assessments 
ordered  to  be  levied,  or  assessed,  or  collected  for  any  general 
or  special  purpose,  and  to  pass  a  new  appropriation  bill ;  which 
new  appropriation  bill  shall  have  the  same  force  and  effect  as  if 
the  same  had  been  passed  within  the  time  prescribed  by  the 
charter  of  any  such  city  or  such  corporate  town. 

245  Emergency.]  §  3.  Whereas  a  large  amount  of  prop¬ 
erty  listed  for  taxation  in  the  city  of  Chicago,  and  in  other  cities 
and  towns  of  this  state,  has  been  destroyed  by  fire  before  the 
taxes  thereon  have  been  paid,  which  taxes  it  would  be  unjust  to 
collect,  it  is  declared  that  an  emergency  exists,  that  this  law  go 
into  force  immediately,  and  therefore  it  is  enacted  that  this  law 
shall  be  in  force  from  and  after  its  passage. 

SEWERAGE  AND  WATER  TAXES. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for 
sewerage  and  water  works  in  the  cities  of  this  state  that  may 
have  established  a  system  of  sewerage  and  water  works  for 
such  city.  [Approved  and  in  force  April  22,  1871.  L.  1871- 
2,  p.  754. 

246  Sewerage  fund  tax.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly,  That 
the  legislative  authority  of  any  such  city  which  now  has  or  may 
hereafter  have  established  a  system  of  sewerage  for  such  city, 
shall  have  power,  annually,  to  levy  and  collect  a  tax  upon  the 
taxable  real  and  personal  estate  of  any  such  city,  not  to  exceed 
one  mill  on  a  dollar,  for  the  extension  and  laying  of  sewers 
therein  and  the  maintenance  of  such  sewers,  which  tax  shall  be 


77 


known  as  “  The  Sewerage  Fund  Tax,”  and  shall  be  levied  and 
collected  in  the  same  manner  that  other  general  taxes  of  any 
such  city  are  levied  and  collected :  Provided ,  however ,  that  the 
board  of  public  works  of  such  city,  if  any,  or  the  head  of  the 
sewer  department  of  such  city,  shall  first  certify  to  such  legisla¬ 
tive  authority  the  amount  that  will  be  necessary  for  such  pur¬ 
pose.  [See  §  62,  item  29. 

#47  Water  fund  tax.]  §  2.  The  legislative  authority  of 
any  such  city  which  now  has  or  which  may  hereafter  have  es¬ 
tablished  water  works,  for  the  supply  of  water  to  the  inhabitants 
thereof,  shall  have  power  to  annually  levy  and  collect  a  tax 
upon  the  taxable  real  and  personal  estate  of  any  such  city,  not 
to  exceed  one  mill  on  the  dollar,  for  the  extension  of  water 
mains  or  pipes  therein  and  the  maintenance  of  such  water  works, 
which  tax  shall  be  known  as  “  The  Water  Fund  Tax,”  and  shall 
be  levied  and  collected  in  the  same  manner  that  other  general 
taxes  of  any  such  city  are  levied  and  collected :  Provided,  how¬ 
ever,  that  the  board  of  public  works  of  such  city,  if  any,  or  the 
head  of  the  water  department  of  such  city,  shall  first  certify  to 
such  legislative  authority  the  amount  that  will  be  necessary  for 
such  purposes,  and  shall  further  certify  that  the  revenue  or  in¬ 
come  from  such  water  works  will  be  insufficient  therefor. 

#48  Emergency.]  §  3.  Whereas  the  health  and  good 
government  of  such  cities  require  that  they  severally  possess 
the  power  and  authority  conferred  by  this  act  upon  such  cities, 
and  the  officers  thereof,  without  any  delay,  it  is  hereby  declared 
that  an  emergency  exists  that  this  law  should  be  in  force  from 
and  after  its  passage. 


TAXES. 

AN  ACT  in  regard  to  the  assessment  of  property,  and  the  levy 
and  collection  of  taxes  by  incorporated  cities  in  this  state. 
[Approved  April  15,  1873.  In  force  July  1,  1873. 

#49  Purposes  for  which  taxes  may  be  levied.]  §  1.  Be 
it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the 
General  Assembly,  That  in  all  incorporated  cities  in  this  state, 
the  city  council  may,  by  ordinance,  annually  levy  and  collect 
city  taxes  on  real  and  personal  property  within  the  city : 

First — For  general  and  contingent  expenses,  or  any  other  ex¬ 
penses  not  herein  otherwise  provided  for. 


78 


Second — For  supplying  and  maintaining  schools,  and  erecting 
and  repairing  school  houses. 

Third — For  the  erection  of  a  city  market,  bridewell,  or  house  of 
correction,  or  other  public  buildings,  purchase  of  grounds  there¬ 
for,  the  building  of  bridges,  improvement  of  the  river  or  harbor, 
for  improving  the  sanitary  condition  of  the  river  or  harbor,  or 
any  other  permanent  improvement. 

Fourth — A  tax  of  sufficient  amount  to  meet  the  interest  accru¬ 
ing  on  the  indebtedness  of  the  city. 

Fifth — To  provide  for  a  sinking  fund  or  funds,  for  the  pay¬ 
ment  of  the  general  or  special  indebtedness  of  the  city ;  and  no 
city  shall  hereafter  contract  any  debt  without  at  the  same  time 
providing  for  the  annual  levy  and  collection  of  a  direct  tax  suf¬ 
ficient  to  pay  the  interest,  and  the  principal  when  it  falls  due. 
All  money  raised  for  any  sinking  fund  shall  be  invested  in  the 
purchase  of  bonds  of  said  city — such  purchase  to  be  made  from 
time  to  time,  as  directed  by  the  mayor  ;  and  all  bonds  so  pur¬ 
chased  shall  be  immediately  retired  and  canceled,  in  the  pres¬ 
ence  of  the  city  council,  at  some  stated  meeting  thereof.  No 
sinking  fund  shall  be  used  for  any  other  purpose  than  the  pur¬ 
chase  of  city  bonds  or  the  payment  of  the  city  indebtedness 
upon  account  of  which  such  sinking  fund  was  raised :  Provided , 
That  no  tax  shall  be  levied  under  this  section,  unless  two-thirds 
of  all  the  aldermen  elected  shall  vote  in  favor  of  the  same. 

Sixth — A  tax  of  sufficient  amount,  when  required,  to  provide 
for  the  expense  incurred  in  making  any  public  improvement, 
caused  by  any  casualty  or  accident  happening  after  the  making  of 
the  annual  appropriations  for  such  year,  or  to  pay  any  judgment 
that  may  have  been  recovered  against  the  city  during  such  pre¬ 
vious  year. 

Seventh — To  levy  taxes  for  the  building,  extension  and  main¬ 
tenance  of  sewers ;  for  the  laying  and  extension  of  water  mains 
or  pipes,  and  for  establishing  and  maintaining  of  water  works; 
for  the  lighting  of  the  city,  and  to  establish  and  maintain  gas 
works.  [See  §  89,  90. 

250  Assessor  and  collector.]  §  2.  There  shall  be  one 
assessor  and  one  collector,  who  shall  be  elected  by  the  people 
at  the  time  fixed  by  law  for  electing  the  mayor  of  the  city, 
and  the  term  of  office  of  the  collector  shall  be  the  same  as  that 
of  the  mayor,  and  the  collector  shall  give  bonds  for  the  faithful 


79 


performance  of  the  duties  of  his  office,  in  such  manner,  form  and 
amount  as  the  common  council  may  by  ordinance  provide.  The 
city  council  may  authorize  such  assessor  to  appoint  such  num¬ 
ber  of  assistant  assessors  as  the  city  council  may  adjudge  neces¬ 
sary.  The  city  council  may  prescribe  the  duties  and  define  the 
powers  of  such  assessor  (and  of  such  assistant  assessors,  if  ap¬ 
pointed,)  by  ordinance :  Provided ,  That  such  assessors  shall 
have  the  same  powers  that  assessors  may  possess  under  the  gen¬ 
eral  laws  of  the  state  for  the  assessment  of  state  and  county 
taxes,  not  inconsistent  with  this  act ;  and  the  city  council  may, 
by  ordinance,  prescribe  the  form  of  all  assessment  books  or 
rolls. 

25 1  Rule  of  assessment — property  to  be  assessed.] 
§  3.  The  assessor  shall  assess  all  taxable  real  and  personal  es¬ 
tate  at  its  real  or  true  value,  as  defined  by  the  state  revenue  laws. 
All  personal  property,  of  every  nature  and  kind,  having  its  actual 
situs  within  the  city,  shall  be  assessed  for  municipal  purposes, 
whether  the  owner  resides  in  the  city  or  not ;  this  provision  to  ex¬ 
tend  to  and  include  the  property  of  railroads  and  the  proportion  of 
rolling  stock  of  all  such  railroads  or  railway  companies  as  run  cars 
or  trains  into  the  city,  by  lease  of  road-bed  or  track,  the  same  as 
though  such  companies  owned  the  track  or  road-bed ;  such  rail¬ 
road  property  to  be  assessed,  and  such  proportion  to  be  ascer¬ 
tained  and  apportioned  in  accordance,  as  near  as  may  be,  with  the 
statutes  regulating  the  manner  of  listing  and  valuing  the  property 
of  railroads  for  state  and  county  taxation. 

252  Of  what  time  ASSESSED.]  §  4.  Personal  property 
shall  be  listed  for  municipal  purposes  with  reference  to  the  quan¬ 
tity  on  hand  and  owned  on  the  first  day  of  May  in  the  year  for 
which  the  property  is  required  to  be  listed,  including  the  property 
purchased  on  that  day. 

253  General  revenue  law  applies.]  §  5.  All  the  pro¬ 
visions  of  the  general  revenue  laws  of  this  state,  so  far  as  the 
same  are  applicable,  concerning  the  levy  and  assessment  of  taxes 
for  state  and  county  purposes,  and  the  duties  of  assessors,  shall 
be  in  force  and  apply  to  all  cities  in  this  state,  unless  in  conflict 
with  this  act. 

25 4  Time  to  piear  objections — notice.]  §  6.  When 
the  assessor  shall  have  completed  the  assessment  of  the  taxable 
real  and  personal  estate  of  said  city,  he  shall  file  the  same  in  the 
city  clerk’s  office ;  and  the  mayor,  city  clerk  and  assessor  shall 


80 


fix  upon  a  day,  not  less  than  seven  nor  more  than  thirty  days 
from  the  date  of  the  filing  of  said  assessment,  for  the  hearing  of 
objections  to  the  assessment ;  and  they  shall  give  notice  of  the  time 
and  place  of  such  hearing  by  written  or  printed  notices,  one  to  be 
posted  in  each  ward  in  such  city  at  least  one  week  before  the  day 
fixed  for  such  hearing,  and  by  one  insertion  in  a  newspaper  pub¬ 
lished  in  the  city,  (if  any  there  shall  be,)  at  least  one  week  before 
the  day  fixed  for  such  hearing.  Any  person  feeling  aggrieved  by 
the  assessment  of  his  property  may  appear  at  the  time  specified 
and  make  his  objections. 

255  Equalization — hearing  objections.]  §  7.  The 
said  mayor,  city  clerk  and  assessor,  constituting  the  board  of 
equalization,  shall  meet  at  the  time  and  place  designated  to  revise 
and  correct  the  said  assessments.  They  shall  hear  and  consider 
all  objections  which  may  be  made,  and  shall  have  power  to  make 
all  proper  corrections,  and  supply  omissions  in  the  assessment, 
and,  for  the  purpose  of  equalizing  the  same,  to  alter,  add  to,  take 
from,  and  otherwise  correct  and  revise  the  same.  They  shall  con¬ 
tinue  in  session  during  three  business  hours  of  each  and  every 
secular  day,  for  not  less  than  three  nor  more  than  ten  successive 
days,  as  the  city  council  may  direct.  Thereafter  no  change, 
amendment  or  alteration  shall  be  made,  nor  shall  any  tax  or  por¬ 
tion  thereof  be  refunded.  A  majority  of  said  board  shall  consti¬ 
tute  a  quorum. 

256  Tax  books — duties  of  clerk,  mayor,  etc.]  §  8. 
When  such  revision  has  been  completed,  the  same  shall  be  depos¬ 
ited  with  the  city  clerk,  who  shall  enter  in  a  book  or  books,  to  be 
prepared  for  that  purpose,  a  complete  list  of  all  the  taxable  real 
and  personal  estate  in  said  city,  according  to  the  assessment  as 
returned  by  said  assessor,  and  revised  by  the  board  of  equaliza¬ 
tion,  showing,  in  a  proper  column  ruled  for  that  purpose,  the 
names  of  the  different  owners,  so  far  as  they  appear  in  said  re¬ 
vised  lists,  and  in  another  column  the  amount  of  the  valuation 
made  in  each  case.  Said  book  or  books  shall  also  have  ruled 
therein  an  appropriate  column  for  extending  or  inserting  the 
amount  of  taxes  which  may  be  levied  upon  said  property.  Said 
book  or  books  shall  constitute  the  tax  list  of  real  and  personal 
estate  for  such  year.  The  clerk  shall  also  add  up  the  valuations 
in  such  list,  and  the  aggregate  amount  thereof  shall  be  entered  by 
him  at  the  foot  of  the  appropriate  column  in  the  last  page.  When 
the  said  tax  list  shall  have  been  so  completed,  it  shall  be  signed 
by  the  mayo'r,  city  clerk  and  assessor,  or  a  majority  of  them,  and 
left  in  the  custody  of  the  city  clerk. 


81 


257  Ordinance  levying  tax — limitation.]  §  9.  The 
city  council  shall  thereupon  by  ordinance  or  resolution,  levy  such 
sum  or  sums  of  money  as  may  be  necessary  for  the  several  pur¬ 
poses  for  which  taxes  are  herein  authorized  to  be  levied,  specify¬ 
ing  the  purpose  for  which  the  same  are  levied;  but  the  aggre¬ 
gate  amount  of  taxes  levied  for  any  one  year  shall  not  exceed  the 
rate  of  three  per  cent,  upon  the  aggregate  assessed  valuation  of 
all  property  assessed.  [See  §  89. 

2 58  Extending  tax — warrant — delivery  to  collec¬ 
tor — RECEIPT.]  §  10.  It  shall  be  the  duty  of  the  city  clerk  to 
estimate  the  several  taxes  levied  by  the  common  council,  comput¬ 
ing  them  together  as  one  tax,  and  to  insert  the  total  amount  of 
such  taxes  in  the  appropriate  column  of  said  tax  list,  opposite  to 
the  person  or  property  chargeable  therewith.  When  completed 
the  city  clerk  shall  attach  to  said  tax  list  a  warrant,  under  the 
corporate  seal,  signed  by  the  mayor  and  city  clerk,  directed  to  the 
collector,  commanding  him  to  make,  levy,  and  collect  as  the  taxes 
for  such  year  the  several  sums  of  money  set  opposite  to  the  real 
and  personal  estate  or  persons  in  said  tax  list  mentioned  or  de¬ 
scribed,  of  the  goods  and  chattels  of  the  respective  owners  of 
such  real  or  personal  estate ;  which  warrant  shall  designate  the 
names  and  rates  of  the  several  taxes  therein,  and  shall  specify 
the  aggregate  amount  of  taxes  to  be  collected,  and  shall  also 
command  the  collector  to  collect  the  same  from  the  persons  or 
property  named  in  said  list,  according  to  law.  Said  tax  list,  with 
the  warrant  attached,  shall  be  delivered  to  the  collector  by  the 
city  clerk,  and  shall  constitute  the  only  process  necessary  to  be 
issued  for  the  collection  of  the  annual  city  taxes.  The  city  clerk 
shall  take  a  receipt  from  the  collector  for  the  said  tax  lists,  spec¬ 
ifying  the  aggregate  amount  of  taxes  levied,  and  the  respective 
amounts  levied  upon  real  estate  and  personal  property. 

259  Fixing  time  of  return.]  §  11.  The  city  council, 
may,  by  resolution  or  ordinance,  order  and  direct  that  a  return  of 
any  warrant  issued  to  the  city  collector  shall  be  made  at  a  time 
to  be  specified  in  such  ordinance  or  resolution. 

COLLECTION  OF  TAXES. 

260  Notice — levy  on  personal  property.]  §  12. 
Upon  the  receipt  of  any  warrant  for  the  collection  of  the  annual 
taxes,  special  taxes  or  any  special  assessment  on  real  or  personal 
property,  the  collector  shall  forthwith  give  ten  days’  notice,  by 
publication  in  any  newspaper  published  in  said  city,  or  if  no 

6 


82 


newspaper  is  published  in  said  city,  by  posting  written  or  printed 
notices  in  four  public  places  in  the  city,  that  such  warrant  is  in 
his  hands  for  collection,  briefly  describing  its  nature,  and  request¬ 
ing  all  persons  interested  to  make  immediate  payment  at  his 
office.  In  the  notice  so  to  be  published  or  posted,  he  shall  notify 
all  parties  interested  that  after  the  expiration  of  thirty  days  from 
the  date  of  receiving  such  warrant  he  will  levy  upon  the  personal 
property  of  all  who  shall  have  failed  to  pay ;  and  at  the  end  of 
thirty  days,  or  As  soon  thereafter  as  may  be,  he  shall  so  levy  if 
personal  property  belonging  to  such  delinquent  person  or  persons 
can  be  found ;  and  he  shall  be  liable  for  their  tax  in  case  of  neg¬ 
lecting  so  to  do.  Said  taxes  shall  be  a  lien  upon  any  property, 
real  or  personal,  that  such  delinquents  may  have  or  may  there¬ 
after  acquire,  until  paid ;  and  the  collector  or  his  successor  in 
office  may  at  any  time  thereafter  levy  and  collect  the  same.  But 
nothing  in  this  section  shall  be  so  construed  as  to  prevent  the 
collector  from  levying  at  any  time  after  the  publication  or  post¬ 
ing  of  the  ten  days’  notice  above  required. 

261  Deputies — examination  of  tapers,  etc. — returns.] 
§  13.  The  city  collector  may  appoint  such  number  of  deputies 
as  the  city  council  may  adjudge  necessary.  All  the  city  collec¬ 
tor’s  papers,  books,  warrants  and  vouchers  may  be  examined  at 
any  time  by  the  mayor  or  city  clerk,  or  any  member  of  the  city 
council,  or  by  any  tax  payer  of  said  city.  The  collector  shall, 
weekly,  or  oftener  if  the  city  council  so  direct,  pay  over  all  the 
money  collected  by  him  from  any  person  or  persons  or  associa¬ 
tions  to  the  city  treasurer,  taking  his  receipt  therefor  in  duplicate, 
one  of  which  receipts  he  shall  at  once  file  in  the  office  of  the  city 
comptroller,  if  there  be  one,  and  if  there  is  no  city  comptroller, 
then  in  the  office  of  the  city  clerk. 

262  Lien — owner  on  May  1st  to  pay — sale  of  personal 
property.]  §  14.  All  taxes,  general  or  special,  and  special  as¬ 
sessments  levied  by  the  city  council,  shall  be  a  lien  upon  the 
real  estate  on  which  the  same  may  be  imposed,  any  said  lien 
shall  continue  until  said  taxes,  special  taxes  and  assessments  are 
paid.  Every  person  owning  real  property. on  the  first  day  of 
May,  including  all  such  property  purchased  on  that  day,  shall 
be  liable  for  the  taxes  thereon  for  that  year.  The  city  taxes 
shall  also  be  a  lien  on  the  personal  property  of  all  persons  ow¬ 
ing  taxes  from  and  after  the  delivery  to  the  collector  of  the  war¬ 
rant;  and  no  sale  or  transfer  of  said  property  shall  affect  the  lien, 
but  the  said  property  may  be  seized  by  the  collector  whenever 
found,  and  removed,  if  necessary,  and  sold,  to  discharge  the 


83 


taxes  of  the  person  owing  the  same;  and  the  same  proceedings 
may  be  resorted  to  by  the  collector  upon  any  warrant  issued  for 
the  collection  of  a  special  assessment  or  special  tax.  Upon  such 
seizure  of  personal  property  by  such  collector,  he  shall  forth¬ 
with  advertise  and  sell  the  same  in  the  manner  provided  by  law 
for  sales  by  constables  upon  executions  issued  by  justices  of  the 
peace,  and  the  fees  of  the  collector  for  making  any  levy  and  sale 
of  property  shall  be  the  same  as  allowed  to  constables  for  levy 
and  sale  of  property  on  execution  and  the  costs  shall  in  all 
cases  be  collected  out  of  the  property  of  the  person  against 
whom  the  levy  is  made. 

263  Return  to  county  collector.]  §  15.  It  shall  be  the 
duty  of  the  collector,  within  such  time  as  the  city  council  may, 
by  ordinance,  provide,  to  make  a  report  (or  return),  in  writing, 
to  the  general  officer  of  tiie  county  authorized  and  designated 
by  the  general  revenue  law  of  this  state  to  advertise  and  sell 
lands  for  taxes  due  the  county  and  state,  of  all  the  lands,  town 
lots  and  leal  property  on  which  he  shall  have  been  unable  to 
collect  taxes,  special  taxes  and  special  assessments,  with  the 
amount  of  such  taxes,  special  taxes  and  special  assessments 
due  and  unpaid,  respectively,  thereon,  with  a  brief  description  of 
the  nature  of  the  warrant  or  warrants  received  by  him  authoriz¬ 
ing  the  collection  thereof ;  which  report  or  return  shall  be  ac¬ 
companied  with  the  oath  of  the  collector  that  the  list  is  a  correct 
return  and  report  of  the  lands,  town  lots  and  real  property  on 
which  the  taxes,  special  taxes  and  special  assessments,  levied  by 
authority  of  the  city,  remain  due  and  unpaid ;  that  he  is  un¬ 
able  to  collect  the  same,  or  any  part  thereof,  and  that  he  has 
given  the  notice  required  by  law  that  said  warrants  had  been  re¬ 
ceived  by  him  for  collection.  Said  report  or  return,  when  so 
made,  shall  be  prima  facie  evidence  that  all  the  forms  and  re¬ 
quirements  of  the  law  in  relation  to  making  said  report  or  return 
have  been  complied  with,  and  that  the  taxes,  special  taxes  and 
special  assessments  mentioned  in  said  report  or  return  are  due 
and  unpaid. 

264  Proceedings  by  county  collector — judgment  —ap¬ 
peal.]  §  16.  When  said  general  officer  shall  receive  the  re¬ 
port  or  return  provided  for  in  the  preceding  section,  he  shall 
proceed  to  obtain  judgment  against  said  lots,  parcels  of  land 
and  property  for  said  general  taxes,  special  taxes  and  special  as¬ 
sessments  remaining  due  and  unpaid,  in  the  same  manner  as 
may  be  by  law  provided  for  obtaining  judgments  against  lands 


84 

for  taxes  due  and  unpaid  the  county  and  state  ;  and  shall,  in  the 
same  manner,  proceed  to  sell  the  same  for  the  said  general 
taxes,  special  taxes  and  special  assessments  remaining  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the 
said  officer  shall  be  governed  by  the  general  revenue  laws  of 
this  state,  except  when  otherwise  provided  herein.  And  the 
city  council  may,  by  ordinance  or  resolution,  fix  and  deter¬ 
mine  the  term  of  the  county  court  at  which  the  said  general 
officer  shall  apply  for  judgment  against  the  said  lots,  parcels 
of  land  and  property  :  Provided ,  there  shall  be  but  one  sale  in 
any  one  year  for  any  general  taxes,  special  taxes  or  special 
assessments  levied  by  authority  of  such  city,  which  sale  may  be 
at  the  same  or  a  different  time  from  the  sale  for  state  and  county 
taxes,  as  the  city  council  may,  by  ordinance  or  resolution,  pro¬ 
vide.  Upon  any  such  application  for  judgment,  the  county  court 
shall  have  like  jurisdiction  and  powers,  and  like  proceedings  shall 
be  had,  as  near  as  may  be,  as  upon  application  for  judgment  for 
state  and  county  taxes;  and  upon  an  appeal  from  the  judgment 
of  the  county  court,  the  like  proceedings  shall  be  had  and  the  like 
jurisdiction  and  like  powers  shall  be  exercised  by  courts  and  offi¬ 
cers,  as  in  case  of  appeals  from  the  county  court  upon  applica¬ 
tions  for  judgments  for  state  and  county  taxes:  Provided ,  hozv- 
ever,  that  no  appeal  shall  be  allowed  from  any  judgment  of  the 
county  court  against  any  property  returned  as  delinquent  under 
this  act,  unless  the  party  appealing  from  such  judgment  shall  first 
give  bond  with  two  sureties,  to  be  approved  by  the  court,  in  a 
penalty  at  least  double  the  amount  of  the  judgment,  interest  and 
costs  appealed  from,  conditioned  that  he  will  prosecute  his  ap¬ 
peal  with  effect,  and  in  case  of  failure  therein,  pay  and  satisfy 
such  city  the  amount  of  the  judgment  appealed  from,  with  all 
damages,  interest  and  costs  which  such  city  may  have  sustained 
by  reason  of  such  appeal,  and  upon  the  affirming  of  such  judg¬ 
ment  of  the  county  court  the  supreme  court  shall  render  judg¬ 
ment  for  twenty  per  cent,  for  damages. 

265  Collections  after  return — correcting  list.] 
§  17.  The  city  collector  shall  have  power  to  receive  and  collect  any 
of  the  general  taxes,  special  taxes  or  special  assessments  men¬ 
tioned  in  said  report  up  to  the  time  of  the  actual  sale  of  any  such 
lot,  parcel  of  land  or  property,  and  it  shall  be  is  duty  forthwith  to 
report  the  fact  of  such  payment  to  the  said  general  officer,  who 
shall  mark  the  same  paid  upon  his  books  and  upon  said  report 
(or  return) :  Provided ,  hozvcver,  the  city  collector  may  close  his  of¬ 
fice  for  the  payment  of  said  taxes  and  assessment  a  sufficient 


85 


length  of  time  before  the  day  fixed  for  the  application  for  judg¬ 
ment  to  enable  such  general  officer  and  city  collector  to  compare 
and  correct  the  reports  of  taxes  and  assessments  paid,  with  the 
list  of  delinquent  property  returned  to  such  general  county  offi¬ 
cer. 

266  Sale— report — expenses — fees.]  §  18.  It  shall  be 
the  duty  of  the  city  treasurer  to  attend  to  such  sale;  and  all 
moneys  bid  and  paid  at  such  sale  for  any  such  city  taxes,  special 
taxes  or  special  assessments,  shall  be  paid  to  the  treasurer  of 
such  city,  and  no  other  person ;  and  it  shall  be  the  duty  of  the 
city  treasurer,  upon  the  close  of  such  sale,  to  make  a  report  to 
the  city  comptroller  (if  there  be  one ;  if  none,  to  the  city  clerk,) 
specifying  therein  the  lots,  parcels  of  land  and  property  upon  the 
sale  of  which  the  same  was  received,  and  a  description  of  the  lots, 
parcels  of  land  and  property  purchased  by  the  city.  The  city 
council  shall,  by  ordinance,  provide  for  the  payment  of  the  ex¬ 
penses  of  such  sale,  and  shall  fix  the  compensation  to  said  officer 
for  making  the  sale,  which  shall  be  in  lieu  of  all  fees  therefor : 
Provided ,  hozvever ,  there  shall  be  paid  such  general  officer  the 
same  fees  for  advertising,  making  list  for  the  printer,  and  making 
out  the  delinquent  list,  and  to  the  county  clerk  the  like  fees  as 
provided  to  be  paid  for  like  services  in  regard  to  property  delin¬ 
quent  for  state  and  county  taxes,  which  said  fees  or  costs  shall 
be  extended  and  collected  against  the  lots,  land  and  real  prop¬ 
erty,  as  in  case  of  property  delinquent  for  state  and  county 
taxes. 

267  Where  record  remain — redemption.]  §  19.  Af¬ 
ter  making  said  sales,  the  record  and  list  of  lots,  parcels  of  land 
and  property  sold  thereat,  shall  remain  in  the  hands  of  the  clerk 
of  the  county  court,  and  redemption  shall  be  made  as  provided 
for  by  the  general  revenue  law  of  the  state. 

268  General  revenue  law  applicable.]  §  20.  All  the 
provisions  of  the  general  revenue  law  of  this  state  relating  to  the 
redemption  or  deeding  of  any  property  so  sold,  and  the  manner 
of  obtaining  a  deed,  and  the  effect  of  the  same,  shall  be  in  full 
force  and  apply  to  all  sales  made  in  pursuance  of  this  act. 

269  Liability  of  collector,  when  property  sold  af¬ 
ter  PAYMENT.]  §  21.  If  the  collector  shall  receive  any  moneys 
for  taxes  or  assessments,  giving  a  receipt  therefor,  for  any  land  or 
parcel  of  land,  and  afterwards  return  the  same  as  unpaid,  to  the 
general  county  officer  authorized  to  sell  lands  for  taxes,  or  shall 
receive  the  same  after  making  such  return,  and  the  same  be  sold 


i 


86 

for  tax  or  assessment  which  has  been  so  paid  and  receipted  for 
by  himself  or  his  clerks,  he  and  his  bond  shall  be  liable  to 
the  holder  of  the  certificate  given  to  the  purchasers  at  the  sale, 
for  the  amount  of  the  face  of  the  certificate,  and  fifty  per  cent, 
additional  thereof,  to  be  demanded  within  two  years  from  the 
date  of  the  sale,  and  recovered  in  any  court  having  jurisdiction 
of  the  amount. 


GENERAL  PROVISIONS. 

270  May  collect  under  general  revenue  law.] 
§  22.  The  city  council  of  any  city  shall  have  power  at  any  time, 
in  lieu  of  the  mode  herein  provided  for  the  assessment  and  collec¬ 
tion  of  general  city  taxes,  to,  by  resolution  or  ordinance,  elect  to 
certify  to  the  county  clerk  the  amount  or  amounts  required  to  be 
raised  by  taxation  upon  the  assessment  of  property  for  state  and 
county  taxes,  and  to  collect  the  taxes  for  said  city,  in  the  man¬ 
ner  provided  for  in  the  general  revenue  laws  of  this  state,  and  in 
such  case  to  abolish  the  office  of  the  city  assessor  and  the  city 
collector:  Provided,  however ;  that  nothing  in  this  section  con¬ 
tained  shall  be  so  construed  as  to  prevent  such  corporation  at 
any  time  thereafter  from  providing  for  the  assessment  and  collec¬ 
tion  of  taxes  by  ordinance,  and  in  the  manner  in  this  act  herein¬ 
before  set  forth. 

271  Tax  commissioner — his  duties.]  §  23.  The  city 
council  may,  in  their  discretion,  provide,  by  ordinance,  for  the  ap¬ 
pointment  of  a  city  tax  commissioner,  fix  his  term  of  office  and 
salary,  and  confer  upon  him  such  powers,  and  provide  for  the  per¬ 
formance  of  such  duties  by  him  as  the  city  council  may  deem 
necessary  and  proper  and  all  the  provisions  of  this  act  relating 
to  the  duties  of  the  city  clerk  or  the  powers  of  the  city  clerk,  in 
connection  with  the  assessment  of  property,  the  equalization  of 
such  assessments,  or  the  levy  or  collection  of  taxes,  special  taxes 
or  special  assessments,  shall  be  exercised  and  performed  by  such 
city  tax  commissioner,  if  there  be  one  appointed ;  and  to  that 
end  and  purpose  wherever  in  this  act  heretofore  the  words  “city 
clerk  ”  or  “  clerk  ”  are  used,  they  shall  be  held  to  mean  “  city  tax 
commissioner,”  and  whenever  “  the  city  clerk’s  office  ”  or  “  clerk’s 
office  ”  is  referred  to,  it  shall  be  held  to  mean  “  city  tax  commis¬ 
sioner  officer,”  and  the  term  “  city  council  ”  shall  be  held  to  include 
the  common  council  of  any  city. 


87 


ASSESSORS  AND  COLLECTORS. 

AN  ACT  in  regard  to  assessors  and  collectors  of  city  taxes  in 

incorporated  cities.  [Approved  and  in  force  April  25,  1873. 

272  Appointment  of,  ad  interim.]  §  1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois ,  ye  presented  in  the  General  As¬ 
sembly ,  That  in  all  incorporated  cities  in  this  state  which  now 
have  or  may  hereafter  be  vested  with  power  to  make  an  assess¬ 
ment  of  properry  for  taxation  for  city  purposes,  and  in  which 
there  is  or  may  be  no  city  assessor  authorized  to  make  such  as¬ 
sessment,  and  no  city  collector  authorized  to  collect  city  taxes 
levied  by  any  such  city,  it  shall  and  may  be  lawful  for  the  mayor 
of  any  such  city  to  appoint,  by  and  with  the  consent  of  the  legis¬ 
lative  authority  thereof,  a  city  assessor  and  a  city  collector,  who 
shall  hold  office  until  a  city  assessor  and  a  city  collector  for  such 
city  may  be  elected  and  qualified  in  the  manner  provided  by  law  ; 
and  such  city  assessor  and  city  collector  so  appointed  shall  per¬ 
form  like  duties,  have  like  powers,  and  give  like  bonds,  as  pro¬ 
vided  by  law  in  regard  to  such  officers  when  elected  by  the  peo¬ 
ple. 

273  Emergency.]  §2.  It  being  important  that  all  incor¬ 
porated  cities  in  this  state  should  have  power  to  proceed  with 
the  assessment  and  collection  of  their  taxes  at  as  early  a  date  as 
practicable,  an  emergency  has  arisen  requiring  this  act  to  take 
effect  immediately :  therefore,  this  act  shall  be  in  force  from  and 
after  its  passage. 


MAYOR’S  ACT. 

APPOINTMENT  AND  REMOVAL  OF  CITY  OFFICERS. 

Section  I  Section 

1.  Appointment  and  removal  of  city  officers.  3.  Passage  over  mayor’s  veto. 

2.  Approval  and  veto  power  of  mayor.  |  4.  Emergency. 

AN  ACT  concerning  the  appointment  and  removal  of  city  officers 
in  all  cities  in  this  state,  conferring  additional  powers  and 
duties  upon  mayors,  and  concerning  appropriation  bills  or 
ordinance  that  may  be  passed  in  such  cities.  [Approved  and 
in  force  April  10,  1875. 

Section  1.  Appointment  and  removal  of  city  offi¬ 
cers.]  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represent- 


88 


ed  in  the  General  Assembly ,  In  all  cities  in  this  state,  the  mayors 
thereof  shall  have  power  to  appoint  all  city  officers,  (whose  elec¬ 
tion  by  the  voters  of  such  city  is  not  provided  for  by  law,)  by  and 
with  the  consent  of  the  city  council,  (or  in  case  the  legislative 
authority  consists  of  two  houses,  then  by  and  with  the  consent 
of  the  board  of  councilmen,)  by  a  vote  of  the  majority  of  all  its 
members  authorized  by  law  to  be  elected,  to  be  taken  by  yeas 
and  nays,  and  entered  upon  its  records.  And  the  mayor  shall 
also  have  power  to  remove  any  officer  so  appointed  whenever,  in  his 
opinion,  the  interests  of  the  city  requires  such  removal :  he  shall 
report  such  removal,  with  his  reasons  therefor,  to  the  council,  (or 
in  case  the  legislative  authority  consists  of  two  houses,  then  to 
the  board  of  councilmen,)  at  its  next  regular  meeting  ;  and  if 
the  council  by  a  two-thirds  vote  shall,  (or  if  the  board  of  coun¬ 
cilmen  shall  by  a  majority  vote)  of  all  its  members  authorized 
by  law  to  be  elected,  by  yeas  and  nays  to  be  entered  upon  its 
record,  disapprove  of  such  removal,  such  officer  ^shall  thereby 
become  restored  to  the  office  from  which  he  was  so  removed  ; 
but  he  shall  give  new  bonds  and  take  a  new  oath  of  office.  The 
mayor  may  appoint  any  suitable  person  to  discharge  the  duties 
of  the  office  from  which  he  shall  have  removed  any  officer,  until 
his  successor  is  appointed  and  qualified,  or  such  officer  restored 
to  office  in  the  manner  aforesaid. 

§  2.  Approval  and  veto  power  of  mayor.]  All  ordinance  s 
passed  by  the  city  council  shall,  before  they  take  effect,  be  de¬ 
posited  in  the  office  of  the  city  clerk,  and  if  the  mayor  approves 
thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not  approve 
he  shall  return  to  the  council,  with  his  objections  thereto,  in 
writing,  at  the  next  regular  meeting  of  the  council  occurring 
not  less  than  five  days  after  the  passage  thereof.  Such  veto 
may  extend  to  any  one  or  more  items  or  appropriations  con¬ 
tained  in  any  ordinance,  and  in  case  the  veto  only  extends  to  a 
part  of  such  ordinance,  the  residue  thereof  shall  take  effect  and 
be  in  force ;  but  in  case  the  mayor  shall  fail  to  return  any 
ordinance  with  his  objections  thereto,  by  the  time  aforesaid,  he 
shall  be  deemed  to  have  approved  such  ordinance,  and  the  same 
shall  take  effect  accordingly. 

§  3.  Passage  over  mayor’s  veto.]  Upon  the  return  of  any 
ordinance  by  the  mayor,  the  vote  by  which  the  same  was  passed 
shall  be  reconsidered  by  the  council,  and  if,  after  such  recon¬ 
sideration,  two-thirds  of  all  the  members  elected  to  the  city 
council  shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall 
go  into  effect,  notwitstanding  the  mayor  may  refuse  to  approve 


89 


thereof.  The  vote  to  pass  the  same  over  the  mayor’s  vteo  shall 
be  taken  by  yeas  and  nays,  and  entered  on  the  journal. 

§  4.  Emergency.]  Whereas,  the  legislative  authorities  in 
many  cities  pass  their  appropriation  bills  before  the  first  day  of 
July  next,  and  mayors  have  no  power  to  veto  a  part  of  such  ap¬ 
propriation  or  ordinance,  wherefore  an  emergency  exists  ;  there¬ 
fore,  this  act  shall  take  effect,  and  be  in  force  from  and  after  its 
passage. 


TAXES. 

Section  16.  Proceedings  by  general  officer — Judgment-Appeal- Deposit-Damages. 

AN  ACT  to  amend  an  act  entitled,  “An  act  in  regard  to  the 
Assessment  of  Property  and  the  Levy  and  collection  of  Taxes 
by  incorporated  cities  in  this  state,”  approved  April  15,  1873. 
[Approved  April  7,  1875.  In  force  July  1,  1875.] 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois 
represented  in  the  General  Assembly,  That  section  sixteen  of  an 
act  entitled,  “An  act  in  regard  to  the  assessment  of  property  and 
the  levy  and  collection  of  taxes  by  incorporated  cities  in 
this  state,”  approved  April  15,  1873,  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 


“§16.  Proceedings  by  general  officer — Judgment — 
APPEAL — DEPOSIT — DAMAGES.]  When  said  general  officer  shall 
receive  the  report  or  return  provided  for  in  the  preceding  section, 
he  shall  proceed  to  obtain  judgment  against  said  lots,  parcels  of 
land  and  property  for  said  general  taxes,  special  taxes  and  spec¬ 
ial  assessments  remaining  due  and  unpaid,  in  the  same  manner 
as  may  be  by  law  provided  for  obtaining  judgments  against 
lands  for  taxes  due  and  unpaid  the  county  and  state ;  and  shall 
in  the  same  manner,  proceed  to  sell  the  same  for  the  said  gen¬ 
eral  taxes,  special  taxes,  and  special  assessments  remaining  due 
and  unpaid :  Provided,  that  it  shall  not  be  required  of  said  gen¬ 
eral  officer  to  attach  to  said  list  of  delinquent  lots  or  lands  any 
affidavit  whatever  in  relation  thereto  ;  nor  shall  it  be  necessary 
that  his  return  to  the  county  court,  in  relation  to  lots,  lands  or 
real  estate,  for  such  purpose,  shall  contain  the  valuation  of  such 
property  ;  but  it  shall  be  sufficient  that  he  make  an  official  re¬ 
turn  stating  in  substance  that  the  list,  in  this  regard,  by  him  pre¬ 
sented,  is  a  correct  list  of  the  lands  and  lots,  delinquent  for 
taxes,  special  taxes  and  special  assessments  for  city  purposes 


90 


with  the  amount  due  on  each  tract,  respectively  for  such  purposes 
according  to  the  return  of  the  city  collector  of  such  city,  duly 
made  to  such  officer  according  to  law.  In  obtaining  said  judg¬ 
ment  and  making  said  sale,  the  said  officer  shall  be  governed 
by  the  general  revenue  laws  of  this  state,  except  when  otherwise 
provided  herein.  And  the  city  council  may,  by  ordinance  or 
resolution,  fix  and  determine  the  term  of  the  county  court  at 
which  the  said  general  officer  shall  apply  for  judgment  against 
the  said  lots,  parcels  of  land  and  property  :  Provided,  there  shall 
be  but  one  general  sale  in  any  one  year  for  any  general  taxes, 
special  taxes,  or  special  assessments,  levied  by  authority  of  such 
city,  which  sale  shall  be  at  the  same,  or  a  different  time  from 
the  sale  for  state  and  county  taxes,  as  the  city  council  may,  by 
ordinance  or  resolution,  provide.  Upon  any  such  application 
for  judgment,  the  county  court  shall  have  like  jurisdiction  and 
powers,  and  like  proceedings  shall  be  had,  as  near  as  may  be,  as 
upon  application  for  judgment  for  state  and  county  taxes;  and 
upon  an  appeal  from  the  judgment  of  the  county  court,  the  like 
proceedings  shall  be  had,  and  the  like  jurisdiction  and  like 
powers  shall  be  exercised  by  courts  and  officers,  as  in  case  of 
appeals  from  the  county  court  upon  applications  for  judgments 
for  state  and  county  taxes  :  Provided ,  kowevei ,  that  no  appeal 
shall  be  allowed  from  any  judgment  of  the  county  court 
against  any  property  returned  as  delinquent  under  this  act,  ex¬ 
cept  in  cases  of  Special  assessments,  unless  the  party  appealing 
from  such  judgment  shall  first  deposit  with  such  general  officer 
an  amount  of  money  equal  to  the  amount  of  the  judgment 
appealed  from,  embracing  accrued  costs,  and  shall  also 
give  bond,  with  security,  to  be  approved  by  the  county  court,  in 
an  amount  to  be  fixed  by  the  court,  within  a  time  to  be  limited  by 
the  court,  conditioned  that  he  will  prosecute  his  appeal  with  effect, 
and  in  case  of  failure,  will  pay  to  said  city  all  damages,  interest 
and  costs  the  city  may  have  sustained  by  such  appeal.  Upon 
the  affirmance  of  said  judgment  in  the  supreme  court,  by  dismis¬ 
sal  of  such  appeal  (or  by  dismissal  of  a  writ  of  error  made  a  su¬ 
persedeas),  or  otherwise,  judgment  shall  be  rendered  in  the 
supreme  court,  against  said  appellant  (for  the  use  of  city)  for  the 
costs  in  the  supreme  court,  and  for  interest  on  the  original 
amount  of  such  judgment,  and  for  twenty  (20)  per  cent,  upon 
said  judgment  as  damages,  and  no  writ  of  error  shall  be  allowed 
to  operate  as  a  supersedeas  until  the  party  applying  therefor  * 

shall  first  have  applied,  in  substance,  with  the  conditions,  as 
above  required  in  appeals,  to  be  prescribed  by  the  judge  or  court 
allowing  such  supersedeas.  If  such  judgment,  so  stayed  by  ap- 


91 


peal  or  supersedeas,  be  reversed  and  not  remanded,  then  said  of¬ 
ficer  holding  such  deposit  shall  restore  the  same  to  the  party 
making  such  deposit.  If  such  judgment  be  wholly  affirmed,  or 
affirmed  in  part  and  reversed  in  part,  and  not  remanded,  then 
such  officer  holding  such  deposit  shall  first  pay  out  of  such  de¬ 
posit  the  amount  necessary  to  satisfy  such  judgment  as  affirmed 
or  modified  by  the  supreme  court,  together  with  all  costs  and  in¬ 
terest  and  damages  for  which  such  depositor  is  liable  by  the  said 
affirmed  or  modified  judgment,  and  shall  pay  the  balance,  if  any, 
to  such  depositor,  and  if  not  sufficient,  execution  may  issue  for 
the  balance  from  the  clerk  of  the  supreme  court,  or  of  the  county 
court,  as  the  case  may  require.  If  such  judgment  be  reversed 
and  remanded,  then  such  deposit  shall  await  the  final  judgment 
of  the  county  court,  and  be  disposed  of  by  the  order  of  said  coun¬ 
ty  court,  as  justice  may  require ;  And  it  is  further  provided,  that 
if,  for  any  cause,  by  appeal  or  otherwise,  the  final  judgment  in 
the  county  court  shall  not  be  rendered  until  it  is  too  late  to  sell 
on  the  day  designated  for  sale  in  the  general  revenue  laws,  then, 
and  in  such  case,  the  county  court  shall,  on  rendering  final  judg¬ 
ment  against  such  delinquent  lots  or  parcels  of  land,  by  order,  fix 
the  time  and  place  of  sale  under  such  judgment,  and  make  such 
order  as  shall  effect  the  proper  collection  of  such  delinquent  taxes 
or  assessments.” 

[This  act  is  in  place  of  section  16  on  page  257  Revised  Statutes,  1874 — Ed.] 


\ 


INDEX. 


ARTICLE  I. 

OF  THE  ORGANIZATION  OF  CITIES, 

Section 

How  city  may  adopt  this  act .  1 

Notice  of  election . .  2 

The  ballots— result .  3 

How  towns  may  become  cities .  4 

Organizing  a  city — petition — election — result .  5 

Courts  to  take  judicial  notice  of  organization,  etc .  6 

Election  of  officers . 7 

When  county  judge  to  give  notice  of  election,  etc .  8 

Term  of  first  officers .  9 

Corporate  name— powers .  10 

Prior  ordinances,  etc.,  in  force  until,  etc . . .  11 

Rights,  etc.,  of  old  corporation  to  vest  in  new .  12 

Record  of  result  of  election . . .  13 

ARTICLE  II. 

OF  THE  MAYOR. 

Mayor — his  qualifications .  14 

Vacancy  one  year  or  more .  15 

Vacancy  less  than  one  year .  16 

Mayor  pro  tern .  17 

Vacancy  by  removal  from  city .  18 

Mayor  to  preside — casting  vote .  19 

When  he  may  remove  officers .  20 

His  powers  to  keep  peace .  21 

Release  of  prisoners . 22 

General  duties .  23 

To  examine  records,  etc .  24 

Messages  to  council .  25 

To  call  out  malitia,  etc. — riots,  etc . . .  26 

Misconduct,  etc. — of  mayor  or  other  officer — penalty .  27 

Revising  ordinances  after  change  of  organization .  28 

ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

Council — how  composed . 29 

Number  of  aldermen .  30 

Term  of  office  of  aldermen .  31 


94 


Vacancy .  32 

Qualifications  of  aldermen .  33 

Council  judge  of  election  and  qualification  of  members .  34 

Rules — expulsion— bribery .  35 

Quorum — compelling  attendance .  36 

Meetings .  37 

Chairman  pro  tern .  38 

Open  doors .  .  39 

Journal  shall  be  kept .  40 

Yeas  and  nays — record — vote  required .  41 

Not  rescind  vote  at  special  meeting  unless,  etc .  42 

When  report  laid  over .  43 

Territorial  jurisdiction .  44 

Special  meetings .  .  45 

Ordinances — appeal — veto . . .  46 

Reconsideration — passing  over  veto .  47 

ARTICLE  IV. 

ELECTIONS. 

Annual  election .  48 

Election  of  mayor .  49 

Who  entitled  to  vote . . .  50 

Wards .  51 

Aldermen  at  first  election — classified . 52 

Minority  representation .  53 

Aldermen  under  minority  representation .  54 

Aldermen  when  minority  plan  not  adopted .  55 

Council  to  designate  place  of  election — notice .  56 

Manner  of  conducting  elections .  57 

Result— tie .  58 

Notice  to  persons  elected  or  appointed .  59 

Where  no  quorum  in  office — special  election .  60 

Special  election . 61 

ARTICLE  V. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

General  powers  of  the  city  council .  62 

Style  of  ordinances .  63 

Publication  of  ordinances — when  they  take  effect .  64 

Proof  of  ordinances .  65 

Suits  for  violating  ordinances .  66 

Fines  and  licenses  paid  to  treasurer .  67 

Summons — affidavit — punishment .  68 

Jurisdiction  of  justices,  etc .  69 

Constable  and  sheriffs  may  serve  process,  etc .  70 

Jurisdiction  over  water .  71 

t 

ARTICLE  VI. 

OFFICERS— THEIR  POWERS  AND  DUTIES. 

Officer  enumerated .  72 

Other  officers— duties  of  city  marshal .  73 

Appointment — vacancies — duties — powers .  74 


Oath— bond .  75 

Commission — certificate — delivery  to  successor . 76 

Qualifications  of  officers .  ...  ...  77 

Officers  not  to  be  interested  in  contracts,  etc . .  78 

Bribery— penalty .  79 

Mayor,  etc.,  not  to  hold  other  office .  80 

Duties  of  clerk .  81 

Record  of  ordinances .  82 

Conservators  of  the  peace — powers .  83 

Compensation  of  mayor .  84 

Compensation  of  aldermen,  etc . 85 

Compensation  of  other  officers .  86 

Administering  oaths . 87 

ARTICLE  VII. 

OF  FINANCE. 

Fiscal  year .  88 

Annual  appropriation  ordinance .  89 

Limitation — emergency — borrowing  money .  90 

Contracting  liabilities  limited .  91 

Duties  of  treasurer .  92 

Funds  kept  separate .  93 

Receipts .  94 

Monthly  statements — warrants — vouchers — register .  95 

Deposit  of  funds — separate  from  his  own .  96 

Treasurer’s  annual  report — publication .  97 

Warrants .  98 

Special  assessment  fund  kept  separate . .  99 

CITY  COLLECTOR. 

His  duties .  100 

He  shall  report,  etc. — publication . 101 

Not  to  detain  money— penalty .  102 

Examination  of  books— paying  over . . , . .  103 

CITY  COMPTROLLER. 

His  powers  and  duties .  104 

Council  may  define  duties — tranfer  of  clerk’s  financial  duties .  105 

Record  of  bonds  issued  by  city .  106 

GENERAL  PROVISIONS. 

Further  duties  may  be  required  of  officers .  .  107 

Appeal  to  finance  committee .  108 

Who  may  appoint  subordinates — liability .  109 

Foreign  insurance  companies — licenses,  etc.,  penalties .  110 

ARTICLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Ordinance  levying  tax  .  Ill 

Manner  of  collecting .  112 

Time  of  paying  over .  113 

When  tax  levied  for  particular  purpose .  114 

Tax  to  be  uniform . 115 


(J(3 

ARTICLE  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

Powers  conferred .  116 

Ordinance  for  improvement .  117 

When  property  is  to  be  taken .  118 

Petition .  119 

Form  of  petition . 120 

Summons — publication — notice  .  121 

Hearing — jury .  : .  122 

Jury  to  ascertain  compensation — admitting  other  parties .  123 

Viewing  premises— ownership,  etc .  124 

Judgment — new  parties — further  proceedings .  125 

Powers  of  court .  126 

Ownership — further  powers  of  court .  127 

Persons  under  disability .  128 

Judgment — effect — appeal,  etc . 129 

Order  for  possession .  130 

When  improvement  made  by  general  tax .  131 

Special  taxation . 132 


SPECIAL  ASSESSMENT. 

How  made .  133 

Ordinance  for — sidewalks — owner’s  rights .  134 

Estimate  of  cost .  135 

Order  for  proceedings  in  court .  136 

Petition  to  court .  137 

Appointment  of  commsssioners — oath .  138 

Duty  of  commissioners .  139 

Assessment  roll — return  of  roll .  140 

Notice  by  mail,  posting  and  publication .  141 

Proof  of  notice .  : .  142 

Continuance  when  notice  not  in  time .  143 

Objections — judgment  by  default .  : .  144 

Hearing — jury .  145 

Precedence .  146 

Court  may  modify,  etc.,  the  assessment .  147 

Judgment  several — appeal,  etc. — lien .  148 

Judgment  certified  to  city  clerk — filing — warrant .  149 

Form  of  warrant  .  150 

Collector’s  notice,  form  of .  151 

Manner  of  collecting — entry  of  payment .  152 

Report  of  delinquent  list  to  county  collector — evidence — defense .  153 

Application  for  judgment — what  laws  govern .  154 

Return  of  sales — redemption . 155 

Penalty  when  lands  paid  are  sold  for  tax,  etc .  .  156 

Paying  over — compensation .  157 

General  revenue  laws  apply .  158 

City  or  village  may  buy  in . :  .  159 

When  assessments  set  aside — new  assessment .  160 

Supplemental  assessments .  161 

New  assessments  against  delinquents — lien — limitation .  162 

Contracts  payable  from  assessments .  .  163 

How  contract  let — approval . 164 


97 


Lien .  165 

Collection  of  assessment  by  suit . 166 

Supplemental  petition  to  assess  benefits  in  condemnation  cases .  167 

Adoption  of  this  article .  168 

ARTICLE  X. 

MISCELLANEOUS  PROVISIONS — WATER. 

Water — borrow  money .  169 

Acquiring  property  for  water  works— jurisdiction  over .  170 

Regulations — rates — taxation,  etc .  171 

Taxpayer  may  enforce  rights  in  name  of  city,  etc  .  172 

Maps — approval  of . 178 

Inhabitants  competent  as  jurors,  etc .  174 

Population — census .  175 

Municipal  year . 176 

City  or  village  need  not  give  appeal  bond .  177 


ARTICLE  XT. 

OF  THE  ORGANIZATION  OF  VILLAGES. 

By  incorporated  towns .  .  .  178 

Ballot .  179 

Returns— canvass— record .  180 

Result — old  officers  continue  until,  etc .  181 

New  organization — how  effected .  182 

Petition — election — return .  188 

Result — election  of  officers,  etc .  184 

Trustees — corporate  name — powers .  185 

Powers  and  duties  of  president  and  trustees .  186 

Style  of  ordinances .  187 

Appointment  of  officers — prescribe  duties  and  fees .  188 

Powers  of  village  constable .  189 

Annual  election .  190 

Suits — jurisdiction,  fines,  etc .  191 

Police  magistrates .  192 

No  incorporation  allowed  under  former  laws .  193 

FERRIES  AND  BRIDGES. 

License  and  regulate .  194 


ANNEXING  AND  EXCLUDING  TERRITORY. 

Petitition  to  be  annexed — annexing .  195 

Annexing  one  corporation  to  another .  196 

Proceeding  by  corporation  to  annex  territory .  197 

Notice  of  proceedings .  198 

Objections  to  annexation — trial .  199 

Finding — costs,  etc .  200 

Proceedings  by  owners  to  be  annexed .  201 

Proceedings  to  disconnect .  202 

Map  and  ordinance  recorded .  203 

School  districts  may  use  this  act .  204 

Judicial  notice  of  change .  205 


CHANGING  NAME. 


Petition .  206 

Proceedings .  207 

Duty  of  secretary  of  state .  208 

Time  of  hearing  to  be  fixed — notice .  209 

Hearing  petition  and  remonstrances .  210 

Order  filed  with  secretary  of  state— notice .  211 

Rights  saved .  212 

When  change  void . 213 

Name  of  unincorporated  town,  etc .  214 

TERRITORIAL  JURISDICTION. 

Over  Ohio  river . 215 

To  enforce  ordinances  on  boats,  etc .  .  2i6 

HOUSES  OF  ILL-FAME. 

Licensing  and  medical  inspection  forbidden .  217 

Emergency .  218 

LEASING  LANDINGS  AND  LEVEES. 

When  landings  and  levees  may  be  leased .  219 

What  lands — when  lease  takes  effect— definition — resolution .  220 

POLICE  AND  FIREMEN’S  RELIEF  FUND. 

How  fund  created .  221 

Use  for  disable  men .  222 

Use  in  case  of  death .  223 

Vote  necessary  to  appropriate .  224 

Bequests,  gifts,  etc. — treasurer’s  duty .  225 

No  new  liability  on  city  for  injuries .  226 

WATER  WORKS. 

Power  to  supply  water — letting  contracts .  227 

Borrow  money — tax .  228 

May  acquire  property  for  works,  etc .  229 

Rules — tax — assessment— lien . 230 

Special  assessments . 231 

Separate  funds .  232 

When  act  not  apply .  233 

Emergency .  234 

Bond— assessments  payable  by  installments .  235 

When  installments  to  be  paid — interest .  236 

Applies  to  assessments  already  ordered . . . . .  237 

Emergency .  238 

Power  to  contract  for  water .  239 

Tax .  240 


99 


SALARIES  OF  CITY  OFFICERS. 

When  to  be  fixed — not  changed  during  term .  241 

Emergency .  242 

REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

Rebate  when  property  destroyed .  243 

Reduce  or  release  tax  or  assessment .  244 

Emergency .  245 

SEWERAGE  AND  WATER  TAXES. 

Sewerage  fund  tax .  246 

Water  fund  tax .  247 

Emergency .  248 

TAXES. 

Purposes  for  which  taxes  may  be  levied .  249 

Assessor  and  collector .  250 

Rule  of  assessment — property  assessed .  251 

Of  what  time  assessed .  252 

General  revenue  law  applies .  253 

Time  to  hear  objections — notice .  254 

Equalization — hearing  objections .  255 

Tax  books — duties  of  clerk,  mayor,  etc .  256 

Ordinance  levying  tax — limitation .  257 

Extending  tax — warrant — delivery  to  collector  receipt .  258 

Fixing  time  of  Return .  259 

COLLECTION  OF  TAXES. 

Notice — levy  on  personal  property .  260 

Deputies  -  examination  of  papers,  etc. — returns .  261 

Lien — owner  on  May  1st,  to  pay — sale  of  personal  property .  262 

Return  to  county  collector .  263 

Proceedings  by  county  collector — judgment  appeal .  264 

Collection  after  return — correcting  list .  265 

Sale — report — expenses — fees . 266 

Where  record  remains — redemption .  267 

General  revenue  law  applicable .  268 

Liability  to  collector,  when  property  sold  after  payment .  269 

GENERAL  PROVISIONS. 

City  may  collect  under  general  revenue  law .  270 

Tax  commissioner — his  duties .  271 

ASSESSORS  AND  COLLECTORS. 

Appointment  of  ad  interim .  272 

Emergency .  273 

Mayor’s  Act . .  . Page  87 

Taxes .  89 


